Florida Motion to Declare Unconstitutional the Discriminatory Exclusion of Illiterates from the Jury
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FAQ
Voir dire is a process where lawyers ask potential jurors questions to see if they're able to be impartial. Peremptory strikes are a tool that lawyers can use to remove a particular person from consideration as a juror.
To do so, the lawyers or the judge may ask potential jurors questions. There are certain legal grounds for which a juror might be excused, called a challenge for cause, and each side may excuse a certain number of jurors, called a peremptory challenge.
The Prosecutor's Justification exposure to pretrial publicity. negative experiences with the criminal justice system, and. having been a victim of a similar crime as the one at issue in the trial.
The most frequent objection made during voir dire questioning by counsel is that the opposing counsel is ?pre-trying? the case. Objectionable ?pre-trying? the case means the attorney is trying to commit jurors to a particular verdict upon a set of hypothetical facts.
The judge determines if the person shall be dismissed. Challenges and dismissal for cause differ from peremptory challenges, which each side may use to dismiss potential jurors without stating any reason.
In a 6?3 decision, the Court ruled that the Equal Protection Clause prohibits striking potential jurors not only because of their race or ethnicity, but also because of their gender.
R. Civ. P 1.431(c)(2). ?When the nature of any civil action requires a knowledge of reading, writing, and arithmetic, or any of them, to enable a juror to understand the evidence to be offered, the fact that any prospective juror does not possess the qualifications is a ground of challenge for cause.? Fla.
A peremptory challenge results in the exclusion of a potential juror without the need for any reason or explanation - unless the opposing party presents a prima facie argument that this challenge was used to discriminate on the basis of race, ethnicity, or sex. See Batson challenge.
