Kansas Instruction to Jury in a Paternity Case that the Amount of Support is not a Question for the Jury

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If a question of paternity of a child is raised, the parties have a right to submit that question to a jury for determination. Therefore, the issue is whether or not defendant is the father of this child. The question of the amount of support for the child or the mother is not for the jury's consideration.

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FAQ

When selecting a jury, both parties may remove potential jurors using an unlimited number of challenges for cause (e.g., stated reasons such as bias) and a limited number of peremptory challenges (i.e., do not need to state a reason).

Voir Dire and Peremptory Strikes in Jury Selection.

In the case of a jury trial, both sides of the case are able to challenge the seating of a juror due to cause. Some reasons might include actual biases of the juror, inability of the juror to effectively communicate, or the inability of the juror to understand the facts presented in trial.

If a jury is unable to reach a unanimous verdict and results in a hung jury, the case may be retried with a new jury. If the second jury is also unable to reach a verdict, the judge may declare a mistrial.

If an attorney wants to have a juror excused, they must use a challenge to excuse the juror. Challenges are either ?for cause? or Page 3 ?peremptory.? Challenges for cause are based on specific biases jurors may have that could prevent or appear to prevent them from being impartial in a particular case.

Have not been adjudged incompetent by a court. Must be able to read, write and comprehend the English language. Cannot have been convicted of a felony within the last 10 years. Cannot have served on a jury panel within the county within the past year.

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.

The judge will advise the jury that it is the sole judge of the facts and of the credibility (believability) of witnesses. He or she will note that the jurors are to base their conclusions on the evidence as presented in the trial, and that the opening and closing arguments of the lawyers are not evidence.

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Kansas Instruction to Jury in a Paternity Case that the Amount of Support is not a Question for the Jury