Nancy, a nurse, is summoned for jury duty in a medical malpractice case.She asserts under oath that she will not substitute her own judgment for the facts presented at trial and that she can render a fair and impartial verdict.Counsel for the defendant doctor, however, feels that she probably dislikes doctors and will not be prodefense.Counsel for the plaintiff likes Nancy and the judge believes that she can render a fair and impartial verdict.What should defense counsel do?

Question

Quizplus · Accepted Answer

Defense counsel should exercise a peremptory challenge. Based on their belief that Nancy may hold a bias against doctors and might not be pro-defense, defense counsel has the right to use one of their allotted peremptory challenges to remove Nancy from the jury pool without stating a reason. This is a common practice in jury selection and can be used to ensure that both sides feel comfortable with the chosen jury. However, counsel must be careful not to use their peremptory challenges in a discriminatory manner, as this could result in an objection and potential mistrial.

Nancy, a Nurse, Is Summoned for Jury Duty in a Medical