When Can You Challenge a Juror’s Selection in a Florida Criminal Trial?

The right to a trial by jury is one of the most important protections that an accused person has in Florida’s judicial system. Before any jury trial begins, both the state and the defense have the right to question prospective members of the jury panel. This process is known as voir dire, and its primary function is to ensure the final jury consists of individuals who can impartially decide the case without personal bias.

Under Florida law, the prosecution or the defense may challenge the seating of any potential juror. Such challenges can be made “for cause.” For example, if a juror is somehow related to the defendant or has certain beliefs that would prevent them from rendering an impartial verdict, the judge has the discretion to accept the challenge and strike that juror.

Additionally, either side may exercise a peremptory challenge. Basically, this allows you to strike a juror without having to give the court a specific reason. The number of peremptory challenges varies between 3 and 10 depending on the severity of the charge. And while the judge typically must allow a peremptory challenge, they can reject an effort to strike a juror based on their membership in a “cognizable class.” For instance, you cannot strike a juror based on their race or gender.

Fourth District Tosses Misdemeanor Conviction After Trial Judge Denies Last-Minute Challenge

Florida courts take a defendant’s right to challenge juror selection seriously. Indeed, the Florida Fourth District Court of Appeal recently overturned a conviction because a defendant was denied this right. In this case, prosecutors charged the defendant with a misdemeanor offense. Following voir dire, but before the jury was formally sworn-in, defense counsel asked to exercise one of their remaining peremptory challenges. The attorney apparently meant to strike the juror during selection and caught their mistake.

The trial judge, however, said it was too late, and it would be “unfair” for the defense to challenge a juror after it had already accepted the panel. The trial proceeded with the challenged juror. The jury ultimately returned a guilty verdict.

On appeal, the Fourth District held that while trial courts have broad discretion when it comes to managing jury selection, the judge’s authority was “not without its limits.” So long as the defense had not used up all of its peremptory challenges–and the jury was not yet sworn in–the trial court should have allowed the defense’s challenge. And since the denial of the defendant’s right to make peremptory challenges was a reversible error as a matter of law, he was entitled to a new trial.

Contact Asilia Law Today

Everyone has the right to be tried by a jury of their peers. This right is only effective when judges respect a defendant’s right to strike or challenge jurors as provided by law. An experienced Miami criminal defense attorney can help ensure the courts respect these rights. If you have been charged with a serious crime, call the Asilia Law Firm today at 786-420-3014 or contact us online to schedule an initial consultation.

Source:

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