-POST & COURIER, 30 MARCH 2016, FEAT. PROF. KENNETH GAINES:
Trial lawyers can use almost any reason to have a candidate removed from a jury pool — other than race or sex.
University of South Carolina law professor Kenneth Gaines said murder cases in South Carolina allow for up to five jurors to be dismissed by the prosecution during jury selection and 10 by the defense. State statute dictates the number of “juror strikes” each attorney is allowed, which is determined by the seriousness of the crime and number of defendants, he said.
“There are peremptory strikes and then there are challenges,” he said. “You can strike a juror for any reason other than race or sex. There are limited peremptory strikes. There’s an unlimited number of challenges (an attorney can raise) for cause, which is an inability for the juror to be fair and impartial in the case. And they will be automatically excluded.” <Read More>