Legal Definitions - propter defectum

Propter defectum is a Latin legal phrase that translates to "because of a defect" or "due to a disqualification." In legal practice, it most frequently describes a specific reason to challenge or object to a potential juror during the jury selection process. This challenge is made when a prospective juror possesses a fundamental legal disqualification that prevents them from serving, rather than a personal bias or prejudice. These disqualifications are typically established by law and relate to a person's legal status or capacity to fulfill the duties of a juror.

• Example 1 (Age Requirement): A court is selecting a jury for a criminal trial. During the jury selection process, one potential juror reveals that they are only 17 years old. Since the law in that jurisdiction requires jurors to be at least 18 years of age, either the prosecution or the defense could raise a propter defectum challenge. The potential juror is legally disqualified due to their age, which is a fundamental defect preventing them from serving.

• Example 2 (Citizenship and Residency): During jury selection for a civil case, a prospective juror states that they recently moved to the country and are not yet a citizen, nor have they established legal residency in the specific county where the trial is taking place. If the relevant laws require jurors to be citizens and residents of the specific judicial district, this individual would be subject to a propter defectum challenge because they lack the necessary legal status to serve.

• Example 3 (Prior Felony Conviction): In a high-profile trial, a potential juror is identified through background checks as having a prior felony conviction for a serious crime. Many jurisdictions legally bar individuals with felony convictions from serving on a jury. In this scenario, either party could issue a propter defectum challenge, as the prior conviction represents a legal disqualification or "defect" in their eligibility to serve.