the level justifying exercise of a challenge for cause," but warned
the challenge for cause, the peremptory challenge can provide genuine
Indeed, the Court remarked, "all three judges of the Court of Military Review implied that as reasonable persons they might have decided this challenge for cause differently under the same facts and circumstances which faced the trial judge.
I also propose Congress amend Article 41(a), UCMJ, such that a military judge's denial of a challenge for cause on actual or implied bias grounds is reviewed for an abuse of discretion.
6) The trial court acted within its discretion in denying a challenge for cause concerning a juror who initially indicated that she would be biased in favor of a police officer's credibility because of the juror's employment with the Drug Enforcement Agency because, upon further questioning, she unequivocally stated that she would not give a police officer's testimony more weight due to his/her status as a law enforcement officer and that she would evaluate the case on the evidence presented.
1990) (because the city was required to use its remaining peremptory challenges to excuse four prospective jurors who should have been dismissed for cause, the city's renewed challenge for cause would be treated as a request for additional peremptory challenges, since, if the renewed challenges for cause had been granted, the city would have been permitted to use its peremptory challenges to challenge the objectionable jurors who were seated and who likewise should have been excused for cause).
An erroneous ruling by the court denying a challenge for cause
by the defendant does not constitute reversible error unless the defendant has exhausted his peremptory challenges at the time or, if he has not, he peremptorily challenges such prospective juror and his peremptory challenges are exhausted before the selection of the jury is complete.
However, as with the purported notion that the convening authority's selection of the court-martial panel drives the application of the liberal grant mandate at the trial level, there is no legal basis for a military judge to consider the limited number of peremptory challenges in ruling on a defense challenge for cause
Thus, prosecutorial peremptory challenges on occasion must be justified, but by less of a reason than would satisfy a challenge for cause
159) On appeal, the defense argued the military judge should have granted a challenge for cause
for implied bias against a member who planned to become a prosecutor.
denial of a challenge for cause
violated the liberal-grant mandate.
On appeal, the issue turned on whether the defense waived appellate review of the denied challenge for cause
against CPT P by their failure to comply with RCM 912(f)(4) when peremptorily striking LTC D.
An increased burden is placed on the government to articulate specific defined grounds for any desired challenge for cause
because the military judge is now prohibited from liberally granting the government's requested challenge.
In the area of voir dire and challenges, the CAAF and the Navy and Marine Court of Criminal Appeals (NMCCA), which usually review the propriety of a denied defense challenge for cause
, focused on a new factual twist--whether a military judge abuses his discretion by granting a government challenge for cause
based on a member's pro-defense sentencing philosophy.
A challenge for cause
can be based on either actual or implied bias, both of which are encompassed in RCM 912(f)(1)(N).