What is Pass for Cause? A Comprehensive Legal Overview
Definition & meaning
A "pass for cause" refers to the decision made during jury selection to allow a potential juror to remain on the jury panel. This decision is based on the belief that the juror is capable of rendering a fair and impartial verdict. In simpler terms, it means that a lawyer chooses not to remove a juror for a specific reason that suggests they can still be objective in their judgment.
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The term "pass for cause" is commonly used in the context of jury selection in both criminal and civil cases. During this process, attorneys may question potential jurors to assess their ability to be impartial. If an attorney believes a juror can be fair, they may opt to pass on removing them for cause. This decision can impact the composition of the jury and the overall trial process.
Users can manage aspects of jury selection with the right legal templates, such as those provided by US Legal Forms, which can help in preparing necessary documents and understanding procedures.
Key Legal Elements
Real-World Examples
Here are a couple of examples of abatement:
Example 1: During a trial concerning a personal injury case, an attorney questions a juror who has previously been involved in a similar case. The attorney determines that the juror can remain impartial and chooses to pass for cause.
Example 2: In a criminal trial, an attorney learns that a juror has a family member who was a victim of a crime similar to the one being tried. After questioning, the attorney believes the juror can still be fair and decides to pass for cause. (hypothetical example)
State-by-State Differences
Examples of state differences (not exhaustive):
State
Variation
California
Allows for more extensive questioning of jurors regarding biases.
Texas
Requires specific legal grounds for passing on a juror for cause.
New York
Jurors may be passed for cause based on prior knowledge of the case.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with Related Terms
Term
Definition
Challenge for cause
A request to remove a juror based on specific reasons, such as bias.
Peremptory challenge
A request to remove a juror without stating a reason, limited in number.
Common Misunderstandings
What to Do If This Term Applies to You
If you find yourself involved in a jury selection process, it's important to understand the criteria for passing a juror for cause. Consider preparing questions to assess potential biases. You can also explore US Legal Forms for templates that can help you navigate the jury selection process. If the situation is complex, seeking advice from a legal professional may be beneficial.
Quick Facts
Jurisdiction: Varies by state
Typical fees: Legal fees for jury selection assistance
Possible penalties: None directly related to passing for cause
Key Takeaways
FAQs
It means that an attorney decides not to remove a juror because they believe the juror can be fair and impartial.
Not if the bias is significant enough to affect their judgment. The attorney must assess the juror's capability to be impartial.
Passing for cause requires a reason related to the juror's ability to be fair, while a peremptory challenge does not require a reason.