Jury Selection and Standard of Proof
November 2, 2022
Part II: Criminal Cases – Jury Selection and Standard of Proof
Scenario A: Ron is on trial for first degree murder of a state trooper. Jury selection is underway. Ron’s defense attorney learned that Juror A’s husband was a police officer shot and killed in the line of duty. When questioning the jurors, Ron’s defense attorney heard Juror B say to another juror, “I hope I don’t get chosen – I’m too busy to be on a jury!!”
What type of challenge will the defense attorney use to exclude Juror A?
Explain why the challenge in question 1 would be used.
What type of challenge will the defense attorney use to exclude Juror B?
Explain why the challenge in question 3 would be used.
Scenario B: Consider criminal and civil law disputes and how they are resolved. Analyze and respond to the following questions about criminal and civil cases:
In a criminal trial, explain the standard of proof necessary to find a person guilty of a crime.
In a civil trial, explain the standard of proof necessary to find a person liable for a civil offense.
Is it legally justifiable to have a higher standard of proof in criminal cases than in civil cases? Why or why not?