Sentences with phrase «challenge potential jurors»
the Equal Protection Clause forbids the prosecutor to challenge potential jurors solely... on the assumption that black jurors as a group will be unable impartially to consider the State's case against a black defendant.
https://www.law.cornell.edu/
United States v. Newman, 549 F. 2d 240 (CA2 1977), the Equal Protection Clause forbids the prosecutor to challenge potential jurors solely on account of their race or on the assumption that black jurors as a group will be unable impartially to consider the State's case against a black defendant.
Not exact matches
Many jury summonses allow potential jurors to exclude themselves if they have transportation challenges, or if they would suffer a financial hardship if required to serve (few employers in lower - income communities will pay an employee who doesn't show up for work due to jury duty), or if they are physically disabled.
In the Stanley case, all members of the jury were white and the potential jurors who were indigenous were blocked by the defence, using peremptory challenges.
A peremptory challenge allows the Crown or defence counsel to eliminate a potential juror from serving on the jury.
But others argued that criticizing the verdict, or even a trial in which the defence challenged and excluded all potential jurors of apparent Indigenous ancestry, would undermine faith in the justice system.
Most recently, prosecutors in the now famous Casey Anthony litigation offered a potential juror's Facebook post as grounds for a preemptory challenge.
If a challenge is passed it is lost, unless it is used for a potential juror called after the initial twenty - one.
peremptory challenge: When a side in a case asks the court to get rid of a potential juror.
Some in the legal community are of the view that peremptory challenges, which allow the prosecution and the defence to reject potential jurors without a reason, should be abolished.
In every jury trial, both the Crown prosecutor and the defence can automatically reject a set number of potential jurors through what are known as peremptory challenges.
The use of group affiliations, such as age, race, or occupation, as a «proxy» for potential juror partiality, based on the assumption or belief that members of one group are more likely to favor defendants who belong to the same group, has long been accepted as a legitimate basis for the State's exercise of peremptory challenges.
Following Stanley's acquittal, Prime Minister Justin Trudeau said, «as a country we can and must do better,» and justice minister Jody Wilson - Raybould said the government is looking at peremptory challenges, which are used by the defence and prosecution to reject potential jurors without stating a reason.