How Many Juror “Challenges” Can I Make in a Fort Lauderdale Criminal Case?

The right to trial by jury is one of the most important constitutional protections given to persons accused of committing a crime. In Florida, you have the right to trial by jury in all criminal cases. In capital cases–i.e., offenses that carry the possibility of the death penalty–a jury must be composed of 12 qualified persons. In all other criminal cases, only a jury of six persons is necessary.

Before a trial begins, both the State Attorney (the prosecution) and the defense have a chance to question jurors. This is a legal procedure known as voir dire. The purpose of voir dire is to determine whether prospective jurors can fairly and impartially hear the evidence and decide on a verdict, even if it may conflict with their personal beliefs. Based on a juror’s answers, either the prosecution or the defense may challenge–oppose–that juror’s inclusion on the final panel.

For Cause and Peremptory Challenges

There are basically two ways to challenge a juror. The first is a challenge made “for cause.” Florida law specifies a number of grounds where the court can dismiss a prospective juror from a case. Such grounds include:

• The juror does not meet the legal qualifications for serving on a jury.
• The juror has “conscientious beliefs” that would prevent them from finding the defendant guilty. For example, a juror whose religious beliefs prevent them from imposing the death penalty may be challenged “for cause” by the prosecution in a capital case.
• The juror is related to the defendant, the alleged victim, or the attorneys for either side in the case.
• The juror previously served as a juror in a case involving the same defendant.

Either the prosecution or the defense can raise a for-cause challenge. There is no limit on the number of such challenges that can be made. It is ultimately up to the trial judge to decide whether to accept or reject the challenge.

In contrast to a for-cause challenge, a peremptory challenge is one made by either side without specifying a particular reason. Essentially, the prosecution or the defense can exclude a juror simply because they did not like how the juror answered questions during voir dire. A peremptory challenge may not be used, however, to exclude a juror based on their race, sex, religion, or membership in any similar group. If one side makes such a peremptory challenge–or at least appears to–the other side can challenge the challenge. Again, the judge will then have the final say.

Peremptory challenges are also not unlimited. Florida law imposes a sliding scale of peremptory challenges based on the type of offense involved. In cases where the defendant faces the death penalty or life in prison, each side is allowed 10 peremptory challenges. In non-capital felony cases, each side has 6 challenges. In misdemeanor cases, only 3 challenges are allowed.

Contact a Fort Lauderdale Criminal Defense Lawyer Today

When your life is on the line, you want to make sure that you receive a fair trial before a jury of your peers. An experienced Fort Lauderdale criminal defense attorney can assist you in asserting and protecting that right. Call Haber | Blank LLP today at 954-767-0300 to schedule a consultation.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0913/0913.html