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Jury Selection

What is jury duty?

Every eligible citizen of the United States is legally required to participate in jury duty if selected. A jury is responsible for deciding the verdict in criminal or civil cases after observing all the evidence provided in court. Individuals summoned by the court must undergo a jury selection process before they are chosen to act as a juror on a trial.

A jury summon

A jury summons, or court order, is sent to individuals whose names were randomly chosen from driver's license and voter registration lists. In many instances, the people who were chosen are sent a questionnaire to ensure they meet all the requirements such as age, citizenship, residency, etc. The order then calls for individuals to appear at a set time and place in order to begin the jury selection process.

Jury selection

When summoned jurors arrive at the courthouse for jury selection, the bailiff will escort them to the courtroom where the selection will take place. The judge, who supervises jury selection, will open up the panel by briefly describing the case and introducing the lawyers.

Voir dire

During jury selection, each lawyer will interview prospective jurors who must answer questions truthfully. The interview process is called voir dire and is used as a way for judges and lawyers to select an impartial jury to ensure a fair trial. Some of the questions may be personal and uncomfortable to answer. If that occurs, a juror may request to answer the question in private. In some cases, jurors who act biased or prejudiced during the interview are asked to leave the panel.

Jury selection “challenges”

Lawyers from both sides of a case may be able to “challenge” or excuse prospective jurors during the interview process. There are two types of challenges:

  • Challenge for cause – A lawyer may ask to excuse a panel member based on the claim that the answers provided were believed to be impartial
  • Peremptory challenge – A lawyer on each side is allowed a limited number of challenges that require no reason or explanation.

Completion of the jury selection

At the end of jury selection process, the prospective jurors in the panel will be asked to leave and the six or 12 panel members that remain will be sworn in as jurors and will attend the trial.

The jury selection process is important and can be instrumental in protecting the rights of someone who has been accused of a crime. Your qualified criminal defense attorney can use the jury selection process to ensure that your jury will be as impartial and fair as possible when judging your case. To learn more about jury selection, please contact us to speak with a qualified and experienced criminal defense lawyer in your area.

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