challenge


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challenge

1) n. the right of each attorney in a jury trial to request that a juror be excused. There may be a "challenge for cause" on the basis the juror had admitted prejudice or shows some obvious conflict of interest (e.g. the juror used to work for the defendant or was once charged with the same type of crime) which the judge must resolve. If the juror is excused (removed) "for cause," then the challenge does not count against the limited number of challenges allowed each side. More common is the "peremptory challenge," which is a request that a juror be excused without stating a reason. An attorney might say: "Juror number eight may be excused." Only six or eight peremptory challenges are normally allowed each side. Systematic peremptory challenges of all blacks or all women may be examples and proof that a defendant has been deprived of a jury of his/her peers and result in an appeal based on lack of due process.

challenge

noun appeal, confront, confute, contradict, controvert, defy, denounce, differ, disagree, disapprove, dissent, enter an appeal, initiative, menace, negate, obbect to, oppose, opposition, protest, raise a question, raise objections, reject, remonstrate, repudiate, resist, show reluccance, stand up against, take exception to, threaten, wrangle
Associated concepts: challenge an award of a bid, challenge an opponent, challenge to the law

challenge

verb ad pugnam provocare, affront, appeal, argue, bid defiance to, call out, call to answer, combat an opinion, confront, confute, contradict, controvert, cry out against, debate, defy, denounce, differ, disagree, dispute, dissent, enter a protest, hurl defiance at, invite competition, invite to contest, menace, negate, negative, object to, oppose, protest, quarrel, query, raise a question, raise objections, raise one's voice against, reject, remonstrate, repudiate, resist, say no, show reluctance, stand up against, take exception to, threaten, wrangle
Associated concepts: challenge for cause, challenge jurisdiccion, challenge of ownership, challenge to a finding of a lower court, challenge to a Grand Jury's composition, challenge to sufficiency of pleading, challenge to the array, challenge to the panel, challenge to the venire, preemptory challenge
See also: accuse, argue, battle, charge, cite, claim, compete, competition, complain, condemn, conflict, confront, confutation, contend, contention, contest, contradict, counter, counterargument, cross-examination, cross-examine, defiance, defy, demonstrate, demur, demurrer, denial, denounce, disaccord, disagree, disagreement, disbelieve, disown, dispute, dissent, doubt, examine, except, exception, fight, impeach, impeachment, impugnation, indagation, interrogate, invitation, misdoubt, motivate, object, objection, oppose, opposition, oppugn, protest, provoke, reaction, reject, remonstrance, remonstrate, repel, resist, withstand

challenge

to make formal objection to a juror or jury.

CHALLENGE. This word has several significations. 1. It is an exception or objection to a juror. 2. A call by one person upon another to a single combat, which is said to be a challenge to fight.

CHALLENGE, criminal law. A request by one person to another, to fight a duel.
     2. It is a high offence at common law, and indictable, as tending to a breach of the peace. It may be in writing or verbally. Vide Hawk. P. C. b. 1, c. 63, s. 3; 6 East, R. 464; 8 East, R. 581; 1 Dana, R. 524; 1 South.. R. 40; 3 Wheel. Cr. C. 245 3 Rogers' Rec. 133; 2 M'Cord, R. 334 1 Hawks. R. 487; 1 Const. R. 107. He who carries a challenge is also punishable by indictment. In most of the states, this barbarous practice is punishable by special laws.
     3. In most of the civilized nations challenging another to fight. is a crime, as calculated to destroy the public peace; and those who partake in the offence are generally liable to punishment. In Spain it is punished by loss of offices, rents, and horrors received from the king, and the delinquent is incapable to hold them in future. Aso & Man. Inst. B. 2, t. 19, c. 2, Sec. 6. See, generally, 6 J. J. Marsh. 120; 1 Munf. 468; 1 Russ. on Cr. 275; 6 J. J. Marsh. 1 19; Coust. Rep. 10 7; Joy on Chal. passim.

CHALLENGE, practice. An exception made to jurors who are to pass on a trial; to a judge; or to a sheriff.
     2. It will be proper here to consider, 1. the several kinds of challenges; 2. by whom they are to be made; 3. the time and manner of making them.
     3.-1. The several kinds of challenges may be divided into those which are peremptory, and those which are for cause. 1. Peremptory challenges are those 'which are made without assigning any reason, and which the court must allow. The number of these which the prisoner was allowed at common law, in all cases of felony, was thirty-five, or one under three full juries. This is regulated by the local statutes of the different states, and the number except in capital cases, has been probably reduced.
     4.-2. Challenges for cause are to the array or to the polls. 1. A challenge to the array is made on account of some defect in making the return to the venire, and is at once an objection to all the jurors in the panel. It is either a principal challenge, that is, one founded on some manifest partiality, or error committed in selecting, depositing, drawing or summoning the jurors, by not pursuing the directions of the acts of the legislature; or a challenge for favor.
     5.-2. A challenge to the polls is objection made separately to each juror as he is about to be sworn. Challenges to the polls, like those to the array, are either principal or to the favor.
     6. First, principal challenges may be made on various grounds: 1st. propter defectum, on account of some personal objection, as alienage, infancy, old age, or the want of those qualifications required by legislative enactment. 2d. Propter affectum, because of some presumed or actual partiality in the juryman who is made the subject of the objection; on this ground a juror may be objected to, if he is related to either within the ninth degree, or is so connected by affinity; this is supposed to bias the juror's mind, and is only a presumption of partiality. Coxe, 446; 6 Greenl. 307; 3 Day, 491. A juror who has conscientious scruples in finding a verdict in a capital case, may be challenged. 1 Bald. 78. Much stronger is the reason for this challenge, where the juryman has expressed his wishes as to the result of the trial, or his opinion of the guilt or innocence of the defendant. 4 Harg. St. Tr. 748; Hawk. b. 2, c. 43, s. 28; Bac. Ab. Juries, E 5. And the smallest degree of interest in the matter to be tried is a decisive objection against a juror. 1 Bay, 229; 8 S. & R. 444; 2 Tyler, 401. But see 5 Mass. 90. 3d. The third ground of principal challenge to the polls, is propter delictum, or the legal incompetency of the juror on the ground of infamy. The court, when satisfied from their own examination, decide as to the principal challenges to the polls, without any further investigation and there is no occasion for the appointment of triers. Co. Litt. 157, b; Bac. Ab. Juries, E 12; 8 Watts. R. 304.
     7.-Secondly. Challenges to the poll for favor may be made, when, although the juror is not so evidently partial that his supposed bias will be sufficient to authorize. a principal challenge, yet there are reasonable grounds to suspect that he will act under some undue influence or prejudice. The causes for such challenge are manifestly very numerous, and depend, on a variety of circumstances. The fact to be ascertained is, whether the juryman is altogether indifferent as he stands unsworn, because, even unconsciously to himself, be may be swayed to one side. The line which separates the causes for principal challenges, and for challenge to the favor, is not very distinctly marked. That the juror has acted as godfather to the child of the prosecutor or defendant, is cause for a principal challenge; Co. Litt. 157, a; while the fact that the party and the juryman are fellow servants, and that the latter has been entertained at the house of the former, is only cause for challenge to the favor. Co. Litt. 147; Bac. Ab. Juries, E 5. Challenges to the favor are not decided upon by the court, but are settled by triers. (q.v.)
     8.-2. The challenges may be made by the government, or those who represent it, or by the defendant, in criminal cases; or they may be made by either party in civil cases.
     9.-3. As to the time of making the challenge, it is to be observed that it is a general rule, that no challenge can be made either to the array or to the polls, until a full jury have made their appearance, because if that should be the case, the issue will remain pro defectu juratorum; and on this account, the party who intends to challenge the array, may, under such a contingency, pray a tales to complete the number, and then object to the panel. The proper time, of challenging, is between the appearance and the swearing of the jurors. The order of making challenges is to the array first, and should not that be supported, then to the polls; challenging any one juror, waives the right of challenging the array. Co. Litt. 158, a; Bac. Ab. Juries, E 11. The proper manner of making the challenge, is to state all the objections against the jurors at one time; and the party will not be allowed to make a second objection to the same juror, when the first has been overruled. But when a juror has been challenged on one side, and found indifferent, he may still be challenged on the other. When the juror has been challenged for cause, and been pronounced impartial, he may still be challenged peremptorily. 6 T. R. 531; 4 Bl. Com. 356; Hawk. b. 2, c. 46, s. 10.
    10. As to the mode of making the challenge, the rule is, that a challenge to the array must be in writing; but when it is only to a single individual, the words "I challenge him" are sufficient in a civil case, or on the part of the defendant, in a criminal case when the challenge is made for the prosecution, the attorney-general says, "We challenge him." 4 Harg. St. Tr. 740 Tr. per Pais, 172; and see Cro. C. 105; 2 Lil. Entr. 472; 10 Wentw. 474; 1 Chit. Cr. Law, 533 to 551.
    11. Interest forms the only ground at common law for challenging a judge. It is no ground of challenge that he has given an opinion in the case before. 4 Bin. 349; 2 Bin. 454. By statute, there are in some states several other grounds of challenge. See Courts of the U. S., 633 64.
    12. The sheriff may be challenged for favor as well as affinity. Co. Litt. 158, a; 10 Serg. &. R. 336-7. And the challenge need not be made to the court, but only to the prothonotary. Yet the Sheriff cannot be passed by in the direction of process without cause, as he is the proper officer to execute writs, except in case of partiality. Yet if process be directed to the coroner without cause, it is not void. He cannot dispute the authority of the court, but must execute it at his peril, and the misdirection is aided by the statutes of amendment. 11 Serg. & R. 303.

References in classic literature ?
Though our challenges are fearsome, so are our strengths.
There is no necessity," said the duke, "for your worship to take the trouble of seeking out the rustic of whom this worthy duenna complains, nor is there any necessity, either, for asking my leave to challenge him; for I admit him duly challenged, and will take care that he is informed of the challenge, and accepts it, and comes to answer it in person to this castle of mine, where I shall afford to both a fair field, observing all the conditions which are usually and properly observed in such trials, and observing too justice to both sides, as all princes who offer a free field to combatants within the limits of their lordships are bound to do.
Bid the other Trojans and Achaeans all of them take their seats, and challenge the best man among the Achaeans to meet you in single combat.
The deep cannonade of roaring thunder belched forth its fearsome challenge.
He saw the Negroes gather about the prostrate form and later carry it into the hut; and once he rose to his full height upon the limb where he had been squatting and raised his face to the heavens to scream out a savage protest and a challenge, for he had recognized in the brown-skinned Tarmangani the strange white ape who had come among them a night or two before in the midst of their Dum-Dum, and who by so easily mastering the greatest among them, had won the savage respect and admiration of this fierce young bull.
Then the ape-man raised his head, as he stood over the carcass of his kill, and once again through the jungle rang his wild and savage victory challenge.
Men and women looked down upon him from shadowy balconies, but spoke not; and sentinels saw him pass and did not challenge.
Surgeon-Major Thomson pulled himself together and answered the challenge.
Although Van Horn did not know it, at this challenge he experienced the hair-pricking sensations in his scalp that Jerry experienced when he bristled his back.
His hat was tipped with an air of challenge over his eye.
In answer to the challenge of this ambitious structure Time had laid his destroying hand upon it, and it would soon be "one with Nineveh and Tyre.
But before I make it, I shall challenge you to point out error in it or to remain a silent metaphysician.