Strike for cause

Strike for cause is a legal term used in the context of jury selection in the United States and other jurisdictions practicing similar jury systems. It refers to a method by which attorneys can request the removal of a prospective juror from the jury panel for a specific, articulated reason indicating that the individual may not be able to be impartial or is otherwise unfit for jury service in the case at hand. This contrasts with a peremptory challenge, where attorneys can dismiss a certain number of jurors without stating a reason. The strike for cause is an essential component of the jury selection process, ensuring that the final jury is unbiased and fair.

Legal Basis

The legal basis for a strike for cause is rooted in the constitutional right to a fair trial, which is central to the justice system in many countries, including the United States. The Sixth Amendment to the United States Constitution guarantees the right to an impartial jury, making the process of striking jurors for cause a critical aspect of upholding this right. Jurisdictions have specific rules and standards that govern what constitutes a valid reason for a strike for cause, often including factors such as a juror's pre-existing knowledge of the case, personal biases, or potential conflicts of interest.

Procedure

During the jury selection process, also known as voir dire, attorneys for both the defense and the prosecution have the opportunity to question the jurors. Through this questioning, attorneys seek to identify any biases, prejudices, or other reasons a juror might not be able to render an impartial verdict. When an attorney identifies a potential issue, they may request that the judge dismiss the juror for cause. The judge then decides whether the reason provided justifies removing the juror from the panel. Unlike peremptory challenges, there is no limit to the number of strikes for cause an attorney can make, provided they can demonstrate a valid reason for each.

Reasons for Strike for Cause

Common reasons for requesting a strike for cause include:

• Prejudice or Bias: If a juror exhibits clear bias or prejudice towards one party, this can be grounds for a strike.
• Conflict of Interest: Jurors with a personal interest in the case's outcome or a relationship with any party involved may be struck for cause.
• Inability to Follow the Law: Jurors who express that they cannot follow the law as instructed by the judge can be removed.
• Pre-existing Knowledge: Jurors with prior knowledge of the case that could influence their decision may be struck for cause.

Challenges and Appeals

Decisions on strikes for cause can be contested by the opposing party and are subject to review by the judge. If a party believes that a judge's decision on a strike for cause was incorrect, they may raise the issue on appeal. However, appellate courts generally give deference to the original judge's decision, overturning it only if there is a clear abuse of discretion.

Impact on Jury Composition

The process of striking jurors for cause, along with the use of peremptory challenges, significantly impacts the final composition of the jury. It is a tool that helps both sides attempt to create a jury that is as unbiased and impartial as possible, which is fundamental to the fairness of the trial process.

Conclusion

Strike for cause is a vital mechanism within the jury selection process, allowing attorneys to ensure that jurors can fairly and impartially decide a case. It balances the need for an unbiased jury with the rights of the parties involved in the trial, playing a crucial role in the administration of justice.