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Struck Jury: A Comprehensive Guide to Its Definition and Selection
Definition & Meaning
A struck jury is a jury formed from a list of potential jurors after both parties in a legal case have the opportunity to remove individuals they do not want serving on the jury. This process involves the selection of jurors from an original panel, typically consisting of 48 members, which is reduced to the required number of 12 jurors. The parties may strike names for specific reasons, including hardship or cause, through a process known as voir dire. The party requesting a struck jury is responsible for the associated fees, which are not reimbursed unless the court acknowledges the necessity of a struck jury and allows for cost recovery from the opposing party.
Table of content
Legal Use & context
The concept of a struck jury is primarily used in civil and criminal trials. It allows parties to have a say in the composition of the jury, which can significantly impact the outcome of a case. This term is relevant in various legal contexts, including personal injury cases, contract disputes, and criminal prosecutions. Users may find it beneficial to utilize legal templates from US Legal Forms to navigate the struck jury process effectively.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
(hypothetical example) In a civil lawsuit involving a car accident, the plaintiff and defendant each review a list of potential jurors. The plaintiff strikes individuals who may have biases against personal injury claims, while the defendant removes those who appear sympathetic to the plaintiff. After both parties complete their strikes, the final jury is selected from the remaining candidates.
State-by-state differences
State
Struck Jury Process
California
Allows for a struck jury with specific rules on the number of strikes.
Texas
Has different procedures for jury selection and striking jurors.
New York
Struck jury processes are governed by state-specific regulations.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Regular Jury
A jury selected without the option for parties to strike names from the list.
Voir Dire
The process of questioning potential jurors to determine their suitability.
Grand Jury
A jury that determines whether there is enough evidence to charge someone with a crime, different from a struck jury.
Common misunderstandings
What to do if this term applies to you
If you are involved in a legal case where a struck jury may be necessary, consider the following steps:
Consult with a legal professional to understand the implications of requesting a struck jury.
Review potential jurors carefully and identify any biases that may affect your case.
Utilize legal templates from US Legal Forms to prepare any necessary documentation related to jury selection.
In complex cases, seeking professional legal assistance is advisable.
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