Legal Question in Criminal Law in Colorado

Peremptory strikes

Hello, I have a quick question about challenges for cause and the use of peremptory strikes.

If a potential juror states that they are a political figure in a neighboring town, shouldn't they automatically be excused from the jury pool, since they are in an area of law enforcement?

If the same juror expresses doubts that he/she could remain impartial on the case in question, isn't that also a reason for dismissal?

If they are not excused, and the defense issues a challenge for cause, and the judge refuses to grant it, does the defendant have a case for appeal?

The defendant used all six peremptory strikes. Three of which were the result of the judge not dimissing jurors that stated emphatically that they did not think they could be fair and impartial.

Thanks.


Asked on 6/23/07, 2:48 pm

1 Answer from Attorneys
Philip Rosmarin Rosmarin Law Firm

Re: Peremptory strikes

First, about a challenge for cause that a person is a political figure: G.W. Bush is, many would contend, a political figure. That did not prevent him from a jury summons in his home town. A challenge for cause because he is the President of the United States would have failed, though if it was based on some other factor, such as he is the village idiot and not competent to serve, it would likely have been a slam dunk.

A juror who states unequivocally that he or she could not be impartial, should be another slam dunk for a challenge for cause.

If your attorney (or you, if you handled your own case) was forced to use peremptory challenges to remove these tainted jurors, and exhausted all your peremptory challenges, as you state, then yes, you have a case for appeal.

As for a judge who refused to remove a juror who emphatically stated he or she could not be fair and impartial (much less three such jurors), a complete neurological workup would be a good idea.

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Answered on 6/23/07, 3:57 pm


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