Jury Selection: Challenging Jurors for Cause Versus the "Set Aside" Rule
Establishing grounds for a challenge for cause is probably one of the trial attorney's most challenging tasks in jury selection. The juror's sworn promise to "set aside" a personal bias--negative attitude, opinion or experience--and follow the law and evidence overrides the personal bias. In voir dire trial attorneys must avoid "prehabilitating" a juror so that they win a challenge for cause.
