Judge calls prosecutor's rejection of gay juror 'shocking'

[Barrister]

I think pre-emptory challenges go ahead of a challenge for cause.

That would be a pretty stupid system. The whole point of preemptories is to remove jurors who would not otherwise be removed. It would force lawyers to guess and gamble over whether it's worth it to waste a preemptory a juror who could (or even should) be removed for cause, but who may not actually be removed by the judge.

My mistake.  Pre-emptory challenges are after challenges for cause. s. 634 of the Code.



In my defence challenges for cause are difficult to establish in this country, and thus rarely used.  I've only ever observed it once, and never on any of my jury trials.

[crazy canuck]

But then again in this country the judge doesn't decide challenges for cause.  You select two jurors, then they in turn decide any challenges for cause for the rest of the jury.

How unusual. 

Not really.  In a jury trial, the jury is supposed to be the trier of all fact.  It would be odd to have a judge decide some facts but not others.