When Can You Remove a Juror “for Cause” in Florida?
Every person charged with a crime in Florida has the right to a trial by jury. The purpose of a jury trial is to ensure that a panel of impartial citizens decides a defendant’s guilt or innocence. To help ensure impartiality, the judge and attorneys for the prosecution and defense will question prospective jurors in a process called voir dire. If either side believes a juror cannot remain impartial, they can ask the judge to “strike” that juror from the panel for cause.
Appeals Court Orders New Trial in Petit Theft Case
Failure to strike a compromised juror for cause can lead to the reversal of a guilty verdict. This happened in a recent case, Sciallo v. State, involving a defendant charged with petit theft in Miami-Dade County. Prosecutors accused the defendant of stealing his former personal trainer’s car keys from a storage cubby at a local gym. The defendant demanded his right to a jury trial.
During voir dire, one juror was suggested he had strong feelings about cases involving theft because several members of his own family were the victims of robbery. In response to questioning, the juror said, “I don’t know how it would affect my opinion on this.” But he later admitted that he couldn’t “guarantee” that his family’s experiences wouldn’t “pop in my mind” while hearing the case against the defendant.
The defense moved to strike the juror for cause. The trial judge denied the request. The juror ended up on the final panel, which proceeded to find the defendant guilty of petit theft. The trial judge sentenced the defendant to probation.
The defendant still appealed, arguing the trial court erred in refusing to remove the juror for cause. The Florida Third District Court of Appeal agreed that the juror should have been removed, and the trial judge’s failure to do so justified ordering a new trial. The appellate court explained, “A juror should be excused if there is any reasonable doubt about his or her ability render an impartial verdict.” Here, the juror “equivocated on whether he would be influenced by the past crimes against his family members.” Neither the prosecutor nor the trial judge asked any follow-up questions to “rehabilitate” the juror on this issue. As such, the juror should have been removed.
It should be noted that during voir dire, the defense is allowed to excuse a specified number of jurors–three in misdemeanor cases such as petit theft–without having to give a reason. These are known as peremptory challenges. In this case, the defendant used up all of his peremptory challenges prior to seeking dismissal of the challenged juror for-cause. (There is no limit on the number of jurors the court can excuse for cause.)
Contact a Fort Lauderdale Theft Offense Lawyer
Even a petit theft conviction in Florida can lead to jail time, fines, and probation. So it is imperative that you work with a skilled Fort Lauderdale theft offense lawyer who will effectively represent your interests in court. Call Haber | Blank LLP today at 954-767-0300 to schedule a consultation.
Source:
3dca.flcourts.gov/content/download/2440872/opinion/Opinion_2023-2078.pdf
