The
difference in time is often between that of a few minutes and a few
weeks.
Naturally the challenge for cause may or may not be allowed by the
judge--the form being, "Your Honor, I ask you to excuse Mr.
Smith,"--because the lawyers are more careful in attempting them; for
if they are not allowed the juror challenged may be small-minded
enough to retain a grudge against the counsel. The sure challenges
are the peremptory ones without any cause stated or reason given. The
number of peremptory challenges for each side is usually six. As soon
as a juror is challenged he steps out of the box and the clerk draws a
new name from the wheel.
It is very much as if a player were dealt a hand of twelve cards, and
under the rules of the game each side can discard and draw six times
from the pack six single cards to improve his holding. The hand,
however, is not only his but his opponent's, who may likewise discard
and draw six cards when the first player is satisfied. When the second
player is through the first may again discard any of the new cards the
second has substituted, provided, of course, that six drawings have
not been exhausted. This game of chance is always played with an eye
to creating a favorable impression on the jury and may be politely
finessed to the extreme.
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