SYSTEM AND METHOD FOR EXERCISING PEREMPTORY CHALLENGES DURING JURY SELECTION
First Claim
1. A method for exercising peremptory challenges during jury selection at a jury trial, comprising:
- determining the rules governing jury selection for the trial;
evaluating the prospective jurors;
evaluating the probability of dismissal for each prospective juror;
determining the maximum number of selection decisions;
determining a plurality of mathematical juror sets;
selecting at least one of the mathematical juror sets;
ranking the jurors within each selected mathematical juror set;
determining the number of peremptory challenges to use for each panel; and
recommending which prospective jurors should be peremptorily challenged.
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Accused Products
Abstract
A system and method is provided for determining whether an attorney should exercise a peremptory challenge to excuse a prospective juror based on, for example: (1) the location of the juror in the selection order; (2) the rank or score assigned to each potential peremptory challenge; (3) the jurors identified as potential challenges for cause; (4) the probability of dismissal assigned to each potential challenge for cause; (5) the number of jurors needed to serve on the jury; (6) the number of peremptory challenges allowed by the court; (7) the number of jurors in the panel; and (8) the jurors who have already been selected, dismissed for cause, or peremptorily challenged.
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Citations
27 Claims
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1. A method for exercising peremptory challenges during jury selection at a jury trial, comprising:
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determining the rules governing jury selection for the trial; evaluating the prospective jurors; evaluating the probability of dismissal for each prospective juror; determining the maximum number of selection decisions; determining a plurality of mathematical juror sets; selecting at least one of the mathematical juror sets; ranking the jurors within each selected mathematical juror set; determining the number of peremptory challenges to use for each panel; and recommending which prospective jurors should be peremptorily challenged. - View Dependent Claims (2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22)
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23. A method for exercising peremptory challenges to prospective jurors during jury selection at a jury trial comprising:
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entering the number of principal jurors to be seated in the jury panel at trial, the number of alternate jurors required for the trial, and the number of peremptory challenges available for each of the parties to the trial; entering the selection order of the prospective jurors; entering an evaluation of the prospective jurors; determining the probability of dismissal and the probability of survival of a challenge for cause of one or more of the prospective jurors; determining the maximum number of times that a prospective juror will be selected or peremptorily challenged; determining the last actual juror, the last likely juror, and the last possible juror; determining the set of mathematically certain jurors, the set of mathematically likely jurors, and the set of mathematically possible jurors; selecting at least one of the mathematical juror sets; determining the rank of the prospective jurors within each selected mathematical set from the least desirable to the least undesirable; utilizing the peremptory equations to determine the number of peremptory challenges to use in cutting jurors in the panel; and indicating that a peremptory challenge should be exercised if the ranking of that juror within the selected mathematical juror set is less than or equal to the number of remaining peremptory challenges designated for the panel. - View Dependent Claims (24, 25)
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26. An information carrier medium that communicates software to a computer, wherein the software when executed assists in exercising peremptory challenges during jury selection comprising:
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determining the rules governing jury selection for the trial; evaluating the prospective jurors; evaluating the probability of dismissal for each prospective juror; determining the maximum number of selection decisions; determining a plurality of mathematical juror sets; selecting at least one of the mathematical juror sets; ranking the jurors within each selected mathematical juror set; determining the number of peremptory challenges to use for each panel; and recommending which prospective jurors should be peremptorily challenged. - View Dependent Claims (27)
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Specification