Sentences with phrase «strike potential jurors»

Thaler v. Haynes involves a defense objection under Batson v. Kentucky (pdf)(1986) to the prosecution's peremptory strike of a potential juror; Batson forbids striking potential jurors from a panel solely based on race.

Not exact matches

In Virginia, the opposing lawyers are permitted to ask direct questions to potential jurors before exercising their handful or two of peremptory jury strikes.

That was a preremtory strike, she acknowledged, that she could have used against another juror if potential bias against her were not in play.

The suggestion is to take away advocates» ability to exercise «peremptory strikes» (i.e., the ability to reject a fixed number of potential jurors without stating any reason).

Also, the U.S. Supreme Court has held that in criminal cases, prosecutors can not use peremptory strikes to eliminate potential jurors based on the juror's race, ethnicity, or gender.

Once an entire jury is seated and no party has tried to strike any of the potential jurors for cause or by using a peremptory strike, the jury is generally sworn in and the trial moves on to the next step, often preliminary instructions or opening statements.

In dealing with potential jurors, the peremptory strike plays that vital role.

The state trial court judge upheld the strike because the prosecution provided a race - neutral reason, but that judge did not observe the potential juror's behavior.