Question

Explain what attorneys may consider about potential jurors when determining who will stay on the jury and who will be excused. Distinguish between the dismissal for cause and the peremptory challenge. Why would an attorney use one mechanism vs. the other?

Answer 1

when determining who will stay in the jury, the attorneys ask the potential jurors certain questions to determine their competence to serve in the case.That is, whether or not they have the tendency of being biased. Questions are also asked to inquire that the potential juror will not be caused any form of hardship if selected.

Potential jurors are asked about their backgrounds, biases, and any knowledge they have about the case at hand.

Dismissal for cause is done when potential juror is seen as unqualified or unfit to serve in the case while peremptory challenge is when the attorneys reject a number of potential jurors without stating the reason.

The attorney would use the dismissal for cause mechanism if from the voir dire, a candidate appears unqualified. The attorney would choose to use the peremptory challenge if a candidate that appears qualified has the likelihood of favoring the opposing party.