Video – When Picking A Jury, How Can My Attorney Dismiss People We Don’t Want?

Ray Hrdlicka – Host – Attorneys.Media

“Let me ask this question. Society today, gets their information from many different sources. The problem is that one of those sources is television shows. And they’re made for entertainment, not made for the truthfulness of the situation. There’s a show out there that talks about picking juries, and they don’t give a reason for dismissal of the individual that’s sitting in the jury pool. They just say ‘dismissed’. So, in reality, that’s not the case?”

Spencer Freeman – Criminal Defense Attorney – Pierce County, WA

“No, in reality, it is the case. Here in Pierce County, if we’re about to do a Superior Court jury trial, I’m going to have, depending upon the judge, anywhere from three to six, what are called ‘pre-emptory’ challenges. And they are challenges that I can just say ‘we dismiss juror number 5 or juror number 10’. I do not have to give a reason. But if the prosecutor does that, and it’s somebody of a certain race, I can do what’s called a ‘Batson’ challenge. Then I challenge that dismissal, and I force the prosecutor…basically I am saying ‘I believe that you are kicking them off because of their race’. It forces the prosecutor, in the limited particular scenario, to justify why they dismissed that particular juror.”

Ray Hrdlicka – Host – Attorneys.Media

“Justify how?”

Spencer Freeman – Criminal Defense Attorney – Pierce County, WA

“Well, in this particular situation, the juror that was dismissed had a father who had been wrongfully imprisoned for about 17 years, if my memory is correct. And the prosecutor felt that juror’s experience with the father, having such a negative experience, would influence them.”

Ray Hrdlicka – Host – Attorneys.Media

“Well, obviously, all he has to do is point out, to that answer, and he satisfied your request. Is there anything other than pre-emptory challenges?”

Spencer Freeman – Criminal Defense Attorney – Pierce County, WA

“There are…there are challenges for cause, and with those you have to specifically give your reasons. So, let’s say somebody said, ‘I think that every young black male was guilty of something’. If a juror said that, in my particular trial, then I’m going to ask the court to excuse them for cause. There’s no way they can be unbiased in this situation, and the court will dismiss. And I’m not limited in the number of jurors I can challenge for cause.”

Ray Hrdlicka – Host – Attorneys.Media

“Oh, really?”

Spencer Freeman – Criminal Defense Attorney – Pierce County, WA

“Yeah, that’s unlimited.”