In the process of selecting jurors to determine guilt or innocence, it is common for the individuals overseeing the case to temporarily exclude a potential juror without providing an explanation. This approach is employed as an alternative to openly stating the reasons for not wanting that person to serve on the jury. This practice originated in the past as a means to circumvent a law prohibiting the government from removing a juror without valid justification. It has also been utilised in certain regions of the United States.
Standing aside a juror is a practice in which the prosecution temporarily removes a juror from the panel without giving a reason, rather than challenging the juror or showing cause. This practice was initially employed to circumvent the Challenge of Jurors Act (1305), which prohibited the Crown from challenging a juror without showing cause. A similar approach was also utilised in Pennsylvania. For instance, during a trial, the prosecution may opt to stand aside a juror if they suspect bias or unsuitability. They can do so without providing a reason, resulting in the juror being unable to participate in the trial. This differs from challenging a juror, where the prosecution must justify why they believe the juror should not be on the panel. In essence, standing aside a juror enables the prosecution to temporarily remove a juror without the obligation of providing a reason. This can be advantageous when the prosecution believes a juror may be biased or unsuitable, but lacks a specific reason to challenge them. By standing aside the juror, the prosecution can ensure a fair and impartial trial.
Yes, a juror can request to stand aside from a trial if they have a valid reason, such as a conflict of interest or personal bias.
The juror must inform the court of their intention to stand aside and provide a valid reason. The judge will then evaluate the request and decide whether to grant it.
Generally, a juror cannot be forced to stand aside against their will. However, the judge has the authority to dismiss a juror if they believe it is necessary for a fair trial.
If a juror stands aside during a trial, they will be excused from further participation, and an alternate juror may be called in to replace them.
Yes, a juror can request to stand aside due to personal reasons. The court will consider the circumstances and decide whether to grant the request.
Generally, a juror cannot stand aside solely based on their personal beliefs or opinions. However, if those beliefs or opinions prevent them from being impartial, they may be excused.
Yes, if a juror has prior knowledge of the case that could affect their ability to be impartial, they can request to stand aside.
Yes, if a juror has a close relationship with someone involved in the trial, such as a party, witness, or attorney, they can request to stand aside due to potential bias.
Yes, if a juror has a financial interest in the outcome of the trial, they can request to stand aside to avoid any conflict of interest.
Yes, if a juror feels they cannot handle the emotional or psychological impact of the trial, they can request to stand aside. The court may consider their well-being and decide whether to grant the request.
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: 16th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/standing-aside-a-juror/
- Modern Language Association (MLA):Standing Aside A Juror. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/standing-aside-a-juror/.
- Chicago Manual of Style (CMS):Standing Aside A Juror. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/standing-aside-a-juror/ (accessed: May 09 2024).
- American Psychological Association (APA):Standing Aside A Juror. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/standing-aside-a-juror/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts