In a jury trial, who may challenge a jury candidate without giving reasons, and what follows once such a challenge has been made?
General information · Not legal advice
Material to check
In the trial record of a practice case, we read the list of jury candidates, the minutes noting each challenge made and by whom it was made, and the size of the jury set for that case, since the range each person may use depends on it.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the provision at its word on who holds the right: the prosecutor and defence counsel may each, within the range the provision lists for the size of the jury in the case, challenge a jury candidate without giving reasons, and once such a challenge is made the court may not select that candidate as a juror.
Another reading notices that the provision on giving each side a turn in turn names the prosecutor, the accused and defence counsel, so it leaves open how a court treats a challenge made by an accused appearing without defence counsel, when the right itself is written for the prosecutor and defence counsel.
Your judgment
When the accused conducts the defence personally, does a challenge recorded in the minutes fall within the range given to defence counsel or stand as the accused's own?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change who may make such a challenge or the ranges listed for each jury size, or if a court decision settles how a challenge by an unrepresented accused is treated.