Each side has 20 peremptory challenges when the government seeks the death penalty.
(2) Other Felony Case.
The government has 6 peremptory challenges and the defendant or defendants jointly have 10 peremptory challenges when the defendant is charged with a crime punishable by imprisonment of more than one year.
Are peremptory challenges limited in number?
A party may challenge an unlimited number of prospective jurors for cause. Parties also may exercise a limited number of peremptory challenges. These challenges permit a party to remove a prospective juror without giving a reason for the removal. Peremptory challenges are granted by statute or by case law.
Should peremptory challenges be abolished?
The problem with peremptory challenges. Justice Stephen G. Breyer suggested in 2005 that peremptory challenges be abolished. If lawyers are forbidden to remove prospective jurors based on their race or gender, they shouldn’t be able to do so on the basis of the jurors’ sexual orientation.20 Sep 2013
How many jurors can a lawyer dismiss in California?
During this process, the parties attempt to find twelve jurors (and sometimes alternate jurors)10 on which they agree. An important part of jury selection involves asking the court to dismiss certain candidates. The attorneys make this request either (1) for cause, or (2) through the use of a peremptory challenge.
What is the difference between challenges for cause and peremptory challenges?
There are two basic differences between a challenge for cause and a peremptory challenge. A lawyer may generally use a peremptory challenge without giving a reason. Second, the number of challenges for cause available to the attorneys is unlimited, while the number of peremptory challenges is limited by statute.
How many peremptory challenges are allowed in federal court civil?
In civil cases, each party shall be entitled to three peremptory challenges. Several defendants or several plaintiffs may be considered as a single party for the purposes of making challenges, or the court may allow additional peremptory challenges and permit them to be exercised separately or jointly.
Is peremptory challenge constitutional?
Private: The Case Against Peremptory Challenges. In most jurisdictions, both prosecutors and defense attorneys may exercise a limited number of “peremptory challenges,” which allow them to remove jurors for any reason, except because of racial or other discriminatory reasons forbidden by the Constitution.
Who is the alternate juror?
1. To avoid having to retry a case when a juror is excused before the end of trial (for example, because of illness), the court may seat a few extra or “alternate” jurors to hear the trial and be available to replace any juror who is excused. Regular and alternate jurors sit together during the trial.
What is a Rule 24 hearing?
Rule 24 of the General Rules of Practice for the Superior and District Court requires a pretrial conference in every case in which the defendant stands charged with a crime punishable by death. This means all first-degree murder cases and all murder cases where the degree of murder is not specified.
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