| 词汇 | Challenge |
| 释义 | `1`Challenge `2` "Legal Lexicon": CHALLENGE - This word has several significations. 1. It is an exception or objection to a juror. 2. A call by one person upon another to a single combat, which is said to be a challenge to fight. Criminal Law. A request by one person to another, to fight a duel. It is a high offence at common law and indictable, as tending to a breach of the peace. It may be in writing or verbally. He who carries a challenge is also punishable by indictment. In most of the states, this barbarous practice is punishable by special laws. In most of the civilized nations challenging another to fight is a crime, as calculated to destroy the public peace; and those who partake in the offence are generally liable to punishment. In Spain it is punished by loss of offices, rents, and honors received from the king, and the delinquent is incapable to hold them in future. Practice. An exception made to jurors who are to pass on a trial; to a judge; or to a sheriff. It will be proper here to consider, 1. the several kinds of challenges; 2. by whom they are to be made; 3. the time and manner of making them. The several kinds of challenges may be divided into those which are peremptory and those which are for cause. 1. Peremptory challenges are those which are made without assigning any reason, and which the court must allow. The number of these which the prisoner was allowed at common law in all cases of felony, was thirty-five, or one under three full juries. This is regulated by the local statutes of the different states and the number, except in capital cases, has been probably reduced. Challenges for cause are to the array or to the polls. 1. A challenge to the array is made on account of some defect in making the return to the venire, and is at once an objection to all the jurors in the panel. It is either a principal challenge, that is, one founded on some manifest partiality, or error committed in selecting, depositing, drawing or summoning the jurors, by not pursuing the directions of the acts of the legislature; or a challenge for favor. A challenge to the polls is objection made separately to each juror as he is about to be sworn. Challenges to the polls, like those to the array, are either principal or to the favor. First, principal challenges may be made on various grounds: 1st. propter defectum, on account of some personal objection, as alienage, infancy, old age, or the want of those qualifications required by legislative enactment. 2d. Propter affectum, because of some presumed or actual partiality in the juryman who is made the subject of the objection; on this ground a juror may be objected to if he is related to either within the ninth degree, or is so connected by affinity; this is supposed to bias the juror's mind, and is only a presumption of partiality. A juror who has conscientious scruples in finding a verdict in a capital case may be challenged. Much stronger is the reason for this challenge where the juryman has expressed his wishes as to the result of the trial, or his opinion of the guilt or innocence of the defendant. And the smallest degree of interest in the matter to be tried is a decisive objection against a juror. The third ground of principal challenge to the polls is propter delictum, or the legal incompetency of the juror on the ground of infamy. The court, when satisfied from their own examination, decide as to the principal challenges to the polls without any further investigation and there is no occasion for the appointment of triers. Go to Challenge2 |
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