Venireman


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Venireman

A member of a jury which has been summoned by a writ of venire facias.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.
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(103) And because another venireman was peremptorily challenged after he revealed his prior service as a substitute corrections officer, the Sixth Circuit concluded that the foreperson was actively attempting to conceal her relations in order to become a member of the jury.
Witherspoon, holding that a prosecutor may exclude a venireman when
In 1878, the New York Court of Appeals noted that, at common law, any venireman who had formed or expressed an opinion of the defendant's guilt or had otherwise demonstrated that he was not indifferent between the parties was, "as a rule of law, disqualified."(24) Despite the confidence with which the high court made this pronouncement, however, the disqualification of prospective jurors for bias had actually been a settled principle of law for fewer than fifty years.(25)
The defendant unsuccessfully sought to have her conviction overturned because she, had not been allowed to strike one white male juror, who she said was "smirking" during voir dire and failed to face defense counsel.(122) The defense already had challenged four other white men.(123) The judge rejected the reason given in response to the State's challenge of the peremptory because he did not see the venireman smirk.(124) That man eventually became the jury foreman.(125)
The Court of Appeals held that: (1) defendant's confession and waiver of Miranda rights were voluntary; (2) defense counsel expressly withdrew his objection on the issue of exclusion of one venireman and the juror could not therefore be rehabilitated; and (3) although Texas capital sentencing structure arguably did not provide adequate opportunity for a jury to consider mitigating circumstances in a capital case, the statute had been expressly upheld as constitutional by the United States Supreme Court in Jurek v.
Other problems accompanying the extension of Batson to include religion-based(161) or other attacks include longer trials, more confusing and unwieldy Batson appeals, and an increased inability of litigants to act on hunches concerning a venireman's bias.(162) Trials would be longer because voir dire would have to be extended for the parties to better inform themselves about the members of the venire in case of a later Batson challenge requiring an explanation.(163) Batson "mini-hearings"(164) are already too common(165) and time consuming, and any extension of the restrictions on the peremptory challenge will "increase[] the number of cases in which jury selection--once a sideshow--will become part of the main event."(166)
Authorities easily located and promptly prosecuted the true venireman, who ended up performing 500 hours of particularly fitting community service: helping the Jury Supervisor with paperwork.