A party’s request that the judge dismiss a potential juror from serving on a trial jury by providing a valid legal reason why he shouldn’t serve. Potential bias is a common reason potential jurors are challenged for cause — for example, the potential juror is a relative of a party or one of the lawyers, or admits to a prejudice against one party’s race or religion. Judges can also dismiss a potential juror for cause. There is no limit on the number of successful challenges for cause. Compare peremptory challenges.
n. a request that a prospective juror be dismissed because there is a specific and forceful reason to believe the person cannot be fair, unbiased, or capable of serving as a juror. Causes include acquaintanceship with either of the parties, one of the attorneys or a witness, the potential juror’s expression during voir dire (questioning of the prospective jurors) of inability to be unbiased due to prior experience in a similar case (having been convicted of drunk driving, being a battered wife, etc.), any obvious prejudice, or inability to serve (such as being mentally disturbed). The judge determines if the person shall be dismissed. Challenges and dismissals for cause differ from peremptory challenges, which each side may use to dismiss potential jurors without stating any reason.
A challenge for cause is a legal process in which a party involved in a legal proceeding requests the removal of a potential juror based on a specific reason that may indicate bias or prejudice. The purpose of this challenge is to ensure a fair and impartial jury selection process. The party making the challenge must provide valid grounds for the removal, such as a personal relationship with a party involved in the case or a preconceived opinion about the matter at hand. The judge presiding over the case will evaluate the challenge and determine whether the potential juror should be dismissed.
A challenge for cause is a legal procedure that allows a party to request the removal of a potential juror from a trial based on a specific reason, such as bias or prejudice.
Both the prosecution and the defence can make a challenge for cause during the jury selection process.
Common reasons for making a challenge for cause include a potential juror having a personal relationship with a party involved in the case, having a preconceived bias or prejudice that may affect their ability to be impartial, or having a conflict of interest.
A challenge for cause is based on a specific reason that suggests a potential juror cannot be fair and impartial, while a peremptory challenge allows a party to remove a juror without providing a specific reason.
The number of challenges for cause that each party can make varies depending on the jurisdiction and the specific rules of the court. Generally, there is no limit on the number of challenges that can be made.
No, a challenge for cause is typically limited to potential jurors and cannot be made against the judge presiding over the case.
No, challenges for cause cannot be made based on a potential juror’s race, gender, or any other protected characteristic. Such challenges would be considered discriminatory and in violation of the law.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 11th April 2024.
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