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If a judge rule that a juror was struck because of a non-race or gender neautal reason should they be seated in reslection?

Columbia, SC |
Filed under: Litigation

There was a batson hearing conducted and the first jury was struck. 7 of the 12 jurors selected in the new jury was previously struck prior to the batson hearing 5 by defense and 2 by state. If a juror was struck prev. They shouldn't automatically be seated regardless if there were discrimination or not. To be struck wouldn't that automatically set some type of conflict of intrest between the struck juror and the party that struck the juror. Wouldn't the juror feel some type of way after being struck and now having to be seated and make a ruling upon a case of somebody that just struck them?

Attorney Answers 2


If the juror was struck for "cause," that means there was an issue that caused the court to think that the juror would be biased as to some issue in the case. Jurors should not be struck for gender or race reasons. Once a juror is struck for any reason, the judge's decision to strike the juror generally remains final and the juror is not reseated.

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In South Carolina, if a juror was struck by a party for what appears to be an improper reason, the opposing counsel will bring that to the attention of the judge out of the presence of the jury.

If the counsel alleges an improper reason and the judge so finds, that means the strikes were illegal and impermissible. The judge then pulls a new jury and the parties "do over." If the counsel justifies the strike on a race-neutral and gender-neutral reason, the judge will uphold the strike and the juror is not seated.

The juror identification numbers used on the strike sheet are NOT the same juror identification numbers known to the jurors and used by the jurors all week; therefore, no juror knows whether or not he or she was struck or by which party (The names are random on the jury strike sheet and not alphabetical). The jurors are also TOLD that the juror identification numbers used on the strike sheet are NOT the same juror identification numbers known to the jurors and used by the jurors all week, so they cannot hold being struck against any party. And, the way the system works, some jurors simply must be struck to avoid seating too many jurors.

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