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Every juror challenged for cause by petitioner's counsel was excused; in addition petitioner was given six peremptory challenges, all of which were exercised.
The defendants having challenged for cause, which is overruled, can, of course, stand where they are without saying anything more; but the effect of that, in my judgment, is that they accept the juror because they can't help themselves.
Compare Irvin v. Dowd, supra, at 723728, 81 S.Ct. at 16421645, where sensational publicity adverse to the accused permeated the small town in which he ws tried, the voir dire examination indicated that 90% of 370 prospective jurors and two-thirds of those seated on the jury had an opinion as to guilt, and the accused unsuccessfully challenged for cause several persons accepted on the jury.
Similar(57)
The judge, Joseph E. Gary, refused to allow the defense to challenge for cause prospective jurors who had already formed a settled opinion of the defendants' guilt.
The fact that petitioner did not challenge for cause any of the jurors so selected is strong evidence that he was convinced the jurors were not biased and had not formed any opinions as to his guilt.
They can challenge for cause, which means the lawyer must provide a specific reason.
If they are not challenged for a cause which is sustained, and if they are not challenged peremptorily, then they are necessarily the jury to try the case.
Leventhal challenged him for cause and neither Scaring nor Siff objected.
As the Wisconsin Supreme Court suggested, the right to trial before an impartial jury can be protected in many ways: by granting a continuance until community passions subside; by challenging jurors for cause and by peremptory challenges during voir dire proceedings.
Here reasons for dismissal are given: the prospective juror said that he couldn't be neutral after reading about the case in the newspapers, or he replied yes to the question "Do you think police officers are more believable than ordinary citizens?" If the judge grants the challenge for cause, the challenging attorney does not use up one of his peremptory challenges.
There are also challenges for cause.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com