Rehabilitation follows an expression of bias, with counsel or the court asking whether the juror can set aside the concern and decide on the evidence. An affirmative answer frequently defeats a cause challenge.
Courts vary in how readily they accept rehabilitation.
Alternative Names:
Rehabilitating a Juror, Juror Rehabilitation Questioning
Why it Matters?
Rehabilitation questioning is criticized because a juror asked in open court whether they can be fair almost always says yes, which makes the answer weak evidence of actual impartiality. Building a cause record that resists rehabilitation requires establishing the specific basis for bias in enough detail that a general assurance does not address it. Some jurisdictions limit rehabilitation where the bias expressed was unequivocal.
Frequently Confused with
Related terms
Frequently asked questions
Why is rehabilitation criticized?
How is a cause record built to resist it?
