Chapter 4 - 4.5 Juror Rehabilitation

• Jurisdiction: Virginia

4.5 JUROR REHABILITATION

If a potential juror does not stand "indifferent to the outcome," counsel should not have to use peremptory challenges to remove that person from the jury. It is reversible error to force counsel to use a peremptory challenge when the court should have challenged the juror for cause. When the court attempts to rehabilitate a juror, often by asking leading questions that elicit the desired responses, counsel should make explicit objection based on the juror's original replies.¹⁸ Counsel should also request the appropriate curative instructions. If an instruction will not ameliorate the damage, a motion for a mistrial may be needed. All such objections, including motions for curative instructions or mistrial, should be made before the panel is seated and be expressly renewed by counsel at...