removing biased jurors is the role of the challenge for cause
, the most
52) Thus, the Court held in order to obtain a new trial in such a situation, a party must first demonstrate that a juror failed to answer honestly a material question on voir dire, and then show that a correct response would have provided a valid basis for a challenge for cause
extend the protection of challenge for cause
procedures to help ensure the absence of any prohibited motives in juror deliberations;
27) In short, if the trial court's error in denying a challenge for cause
required the challenging party to "waste" a peremptory challenge on that prospective juror, resulting in the seating of another juror for whom the litigant would have exercised a peremptory challenge, the error is harmful.
3) When the nature of any civil action requires a knowledge of reading, writing, and arithmetic, or any of them, to enable a juror to understand the evidence to be offered, the fact that any prospective juror does not possess the qualifications is a ground of challenge for cause
Ross's challenge for cause
, he was forced to use one of his peremptory challenges to remove the pro-death penalty juror.
134) Specifically, the court determined that the erroneous denial of a challenge for cause
constituted reversible error if the defendant exhausted his peremptory challenges; the defendant did not bear the burden of proving that he was actually denied a fair trial.
400, 405 (1955) with emphasis added) ("The accused should be allowed considerable latitude in examining members so as to be in a position to intelligently and wisely exercise a challenge for cause
or a peremptory challenge.
In this case, the member stated he could separate his personal views from the facts of the case, so the military judge did "not abuse his discretion in denying the challenge for cause
The trial judge denied Cortez's challenge for cause
, and his lawyer had to use the last of his seven peremptory challenges to strike the juror.
The court held that the decision to grant or deny a challenge for cause
for a juror in a close relationship with either of the parties in the case is a question of law and a subject to ordinary review.
For example, when a juror has a general negative feeling about personal injury lawsuits, and further states that he can set aside his feelings, a challenge for cause
will usually be denied.