Section 270.20. Trial jury; challenge for cause of an individual juror  


Latest version.
  • 1.    A challenge for cause is an objection to a prospective juror and
      may be made only on the ground that:
        (a)  He does not have the qualifications  required  by  the  judiciary
      law; or
        (b)    He  has  a  state  of  mind that is likely to preclude him from
      rendering an impartial verdict based upon the evidence  adduced  at  the
      trial; or
        (c)    He  is  related  within  the  sixth  degree by consanguinity or
      affinity to the defendant, or to the person  allegedly  injured  by  the
      crime  charged,  or to a prospective witness at the trial, or to counsel
      for the people or for the defendant; or  that  he  is  or  was  a  party
      adverse  to any such person in a civil action; or that he has complained
      against or been accused by any such person in a criminal action; or that
      he bears some other relationship to any such person of such nature  that
      it is likely to preclude him from rendering an impartial verdict; or
        (d)    He  was  a witness at the preliminary examination or before the
      grand jury or is to be a witness at the trial; or
        (e)  He served on the grand jury which found the indictment  in  issue
      or  served on a trial jury in a prior civil or criminal action involving
      the same incident charged in such indictment; or
        (f) The crime charged may be punishable by death and  the  prospective
      juror  entertains such conscientious opinions either against or in favor
      of such punishment as to preclude such juror from rendering an impartial
      verdict or from properly exercising the discretion conferred  upon  such
      juror  by  law  in  the  determination of a sentence pursuant to section
      400.27.
        2.  All issues of fact or law arising on the challenge must  be  tried
      and  determined  by  the court.   If the challenge is allowed, the court
      must exclude the person challenged from service.  An erroneous ruling by
      the court allowing  a  challenge  for  cause  by  the  people  does  not
      constitute  reversible  error  unless  the  people  have exhausted their
      peremptory challenges at the time or exhaust them before  the  selection
      of  the  jury  is complete.   An erroneous ruling by the court denying a
      challenge for cause by the  defendant  does  not  constitute  reversible
      error  unless  the  defendant has exhausted his peremptory challenges at
      the time or, if he has not, he peremptorily challenges such  prospective
      juror  and  his peremptory challenges are exhausted before the selection
      of the jury is complete.