| 词汇 | Challenge2 |
| 释义 | `1`Challenge2 `2` "Legal Lexicon": - Secondly. Challenges to the poll for favor may be made when, although the juror is not so evidently partial that his supposed bias will be sufficient to authorize a principal challenge, yet there are reasonable grounds to suspect that he will act under some undue influence or prejudice. The causes for such challenge are manifestly very numerous and depend on a variety of circumstances. The fact to be ascertained is whether the juryman is altogether indifferent as he stands unsworn because, even unconsciously to himself, be may be swayed to one side. The line which separates the causes for principal challenges and for challenge to the favor is not very distinctly marked. That the juror has acted as godfather to the child of the prosecutor or defendant is cause for a principal cballenge while the fact that the party and the juryman are fellow servants, and that the latter has been entertained at the house of the former, is only cause for challenge to the favor. Challenges to the favor are not decided upon by the court, but are settled by triers. - 2. The challenges may be made by the government or those who represent it, or by the defendant in criminal cases; or they may be made by either party in civil cases. - 3. As to the time of making the challenge, it is to be observed that it is a general rule that no challenge can be made either to the array or to the polls until a full jury have made their appearance, because if that should be the case, the issue will remain pro defectu juratorum; and on this account the party who intends to challenge the array, may, under such a contingency, pray a tales to complete the number and then object to the panel. The proper time of challenging is between the appearance and the swearing of the jurors. The order of making challenges is to the array first, and should not that be supported, then to the polls; challenging any one juror waives the right of challenging the array. The proper manner of making the challenge is to state all the objections against the jurors at one time; and the party will not be allowed to make a second objection to the same juror, when the first has been over-ruled. But when a juror has been challenged on one side and found indifferent, he may still be challenged on the other. When the juror has been challenged for cause and been pronounced impartial, he may still be challenged peremptorily. As to the mode of making the challenge, the rule is that a challenge to the array must be in writing; but when it is only to a single individual, the words 'I challenge him' are sufficient in a civil case, or on the part of the defendant in a criminal case. When the challenge is made for the prosecution, the attorney-general says, 'We challenge him.' Interest forms the only ground at common law for challenging a judge. It is no ground of challenge that he has given an opinion in the case before. By statute, there are in some states several other grounds of challenge. The sheriff may be challenged for favor as well as affinity. And the challenge need not be made to the court, but only to the prothonotary. Yet the Sheriff cannot be passed by in the direction of process without cause, as he is the proper officer to execute writs, except in case of partiality. Yet if process be directed to the coroner without cause, it is not void. He cannot dispute the authority of the court, but must execute it at his peril, and the misdirection is aided by thc statutes of amendment. --b-- |
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