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How can lawyers challenge potentially biased jurors in U.S. criminal trials?
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In U.S. criminal trials, lawyers ensure an impartial jury through a screening process known as voir dire. During this process, the judge or attorneys question prospective jurors to identify potential bias or preconceived notions regarding the case.12
To remove biased individuals, lawyers use two primary types of challenges:
- Challenges for cause: Attorneys may dismiss an unlimited number of potential jurors if they can establish a specific likelihood of bias or an inability to remain impartial.123
- Peremptory challenges: Lawyers may also dismiss a limited number of jurors without providing a specific reason. This peremptory challenge is a recognized right in the American legal system, allowing parties to shape the jury composition based on their trial strategy.1234
These procedures are fundamental to the procedural law that protects a defendant's constitutional right to a fair and impartial trial.3