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Understanding Strike for Cause: A Key Aspect of Jury Selection
Definition & Meaning
Strike for cause is a legal procedure used during jury selection to remove potential jurors from the jury panel. In the United States, attorneys representing either side of a case can request the removal of jurors for specific reasons, such as bias or a lack of impartiality. This method allows attorneys to shape a jury that aligns with their interests and the needs of the case.
Table of content
Legal Use & context
Strike for cause is primarily utilized in both criminal and civil cases. It plays a crucial role in ensuring a fair trial by allowing attorneys to eliminate jurors who may not be able to render an unbiased verdict. This process is part of the jury selection phase, where attorneys assess potential jurors through questioning. Users can manage this process using legal templates from US Legal Forms, which provide guidance on how to effectively file for a strike for cause.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: An attorney may strike a juror who has previously expressed strong opinions about the case topic, indicating potential bias. (hypothetical example)
Example 2: A juror who has a personal relationship with one of the parties involved in the case may also be struck for cause due to a conflict of interest. (hypothetical example)
State-by-state differences
State
Differences
California
Allows unlimited strikes for cause based on juror bias.
Texas
Requires more substantial evidence of bias for a successful strike for cause.
Florida
Judges have broad discretion in granting strikes for cause.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Peremptory challenge
A method for attorneys to dismiss jurors without stating a reason, limited in number.
Jury selection
The overall process of choosing jurors for a trial, which includes both strikes for cause and peremptory challenges.
Common misunderstandings
What to do if this term applies to you
If you are involved in a case and believe that a juror should be struck for cause, consult with your attorney. They can help you prepare the necessary arguments and documentation to support your request. Additionally, you may explore US Legal Forms for templates that can assist in managing this process effectively. If the situation is complex, seeking professional legal assistance is advisable.
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