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Not my experience at all. And remember, what's good for the prosecutor, is bad for the defense, and vice versa. And each side gets only a handful of dismissal

by refurb 4y ago

Not my experience at all. And remember, what's good for the prosecutor, is bad for the defense, and vice versa. And each side gets only a handful of dismissals. You waste it on some guy you think is "too smart" and you might not be able to use it on that guy who thinks your client is guilty already.

lesuorac 4y ago
I think pretty trivially whats good for the prosecutor is not necessarily bad for the defense. i.e. if somebody says they're going to flip a coin to make their decision is going to be bad for both of them. (unless one side thinks they have absolutely no chance). Not a lawyer but I think you have unlimited dismissals [1] its just there's a limit to the number of ones you don't have to provide a reason for. And I'm also sure the rules vary state by state. [1]: https://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/juryselect/ https://www.americanbar.org/groups/public_education/resource...
- refurb 4y ago
  You’re right, when I say they get a certain number of dismissals, it’s “no questions asked”. But getting a judge to dismiss someone who you don’t feel is sympathetic to your client isn’t going to fly. So the “no questions asked” dismissals tend to be people who may be sympathetic to either side. If it’s a murder case the defense may want people who are pro-self defense while the prosecution may not. Being pro or anti-self defense isn’t in itself a disqualified as long as you can follow jury instructions.
- boring_twenties 4y ago
  > (unless one side thinks they have absolutely no chance). Wouldn't one side having a 49% chance be enough for them to prefer the coin flip?
P_I_Staker 4y ago
Generally, the issue is that the person has specialized knowledge that one side or the other inevitably doesn't want on the jury.

by refurb 4y ago

lesuorac 4y ago

I think pretty trivially whats good for the prosecutor is not necessarily bad for the defense. i.e. if somebody says they're going to flip a coin to make their decision is going to be bad for both of them. (unless one side thinks they have absolutely no chance). Not a lawyer but I think you have unlimited dismissals [1] its just there's a limit to the number of ones you don't have to provide a reason for. And I'm also sure the rules vary state by state. [1]: https://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/juryselect/ https://www.americanbar.org/groups/public_education/resource...

refurb 4y ago
You’re right, when I say they get a certain number of dismissals, it’s “no questions asked”. But getting a judge to dismiss someone who you don’t feel is sympathetic to your client isn’t going to fly. So the “no questions asked” dismissals tend to be people who may be sympathetic to either side. If it’s a murder case the defense may want people who are pro-self defense while the prosecution may not. Being pro or anti-self defense isn’t in itself a disqualified as long as you can follow jury instructions.
boring_twenties 4y ago
> (unless one side thinks they have absolutely no chance). Wouldn't one side having a 49% chance be enough for them to prefer the coin flip?

P_I_Staker 4y ago

Generally, the issue is that the person has specialized knowledge that one side or the other inevitably doesn't want on the jury.