Difference between revisions of "Voir Dire"
From Criminal Defense Wiki
Jump to navigationJump to search| Line 32: | Line 32: | ||
The second goal of voir dire flows logically from the first: counsel should garner information for effective use of strikes. A "strike" is a directive that a certain juror shall not sit on a particular jury. Strikes come in two varieties: strikes for cause and peremptory strikes. | The second goal of voir dire flows logically from the first: counsel should garner information for effective use of strikes. A "strike" is a directive that a certain juror shall not sit on a particular jury. Strikes come in two varieties: strikes for cause and peremptory strikes. | ||
| − | + | *'''Strikes for Cause''' - A strike for cause comes about when a juror expresses an opinion or has some condition that makes him unfit as a matter of law to sit as a juror in the case. Examples of grounds for strikes for cause would be a relationship to the parties, having formed an opinion about the defendant's guilt or innocence, or feelings or beliefs that would affect the juror's ability to judge the facts in an impartial manner (e.g. an individual who expresses a religious objection to sitting in judgment of another person, or a juror in a drug case who does not believe that drugs should be illegal and will refuse to impose punishment). In addition, a juror might be struck for medical reasons that affect his or her ability to sit through or listen to the presentation of the case. There is no limit on strikes for cause. | |
| − | + | *'''Peremptory Strikes''' - Peremptory strikes, on the other hand, are those that are left to the discretion of the parties. These strikes may be exercised in whatever manner the parties see fit. . Kentucky, a United States Supreme Court case, the government may not strike prospective jury members on account of race or gender. Apart from this restriction, counsel may strike any prospective juror for any reason. Peremptory strikes are always limited in number, a number that varies between jurisdictions. | |
| − | |||
| − | |||
| − | |||
| − | |||
===Using Strikes=== | ===Using Strikes=== | ||
