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Jury Selection Process
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Understanding Voir Dire
Voir dire is a French term meaning 'to see to speak.' It is the process where attorneys question prospective jurors to determine if they can be impartial and fit to serve on the jury.
Pre-Trial Juror Questionnaires
Jurors can be asked to complete a questionnaire before voir dire, to help attorneys prepare for the selection process.
Establishing a Venire
A venire refers to the panel of prospective jurors from which the jury is selected. It is typically a larger group than what will be the final jury.
Issuing a Summons
Potential jurors are summoned to court through a legal notice requiring them to appear for jury duty.
Eligibility for Jury Duty
Potential jurors must meet certain qualifications such as being a certain age, a citizen, and able to understand English.
Ensuring Representative Cross-Section
The jury pool should reflect a cross-section of the community, representing various demographics.
Peremptory Challenges
These are objections used during jury selection that allow attorneys to reject certain jurors without stating a reason. There are limits to the number of peremptory challenges.
Challenges for Cause
Attorneys may challenge a prospective juror for a specific reason that suggests they can't be impartial. There is no limit to the number of these challenges.
Seating the Jury
Once the selection process is complete, a jury is seated consisting of the principal jurors and alternates, ready to hear the case.
Jury Instructions
Before deliberations, the judge provides the jury with specific legal standards they should apply to the facts of the case while making their decision.
Removal for Bias
During voir dire, if a potential juror shows signs of bias, they can be removed from the jury pool.
Random Selection Process
Jurors are typically selected at random from the community, often from voter registration lists or driver's license databases.
The Role of Jury Consultants
Specialists in jury selection, known as jury consultants, use behavioral science to help attorneys in picking jurors who may be favorable to their case.
Understanding Jury Nullification
Jury nullification occurs when jurors choose to acquit a defendant despite evidence of guilt, based on their own sense of justice or fairness.
Explanation of a Hung Jury
A hung jury happens when jurors cannot agree on a verdict, leading to a mistrial and possibly a retrial of the case.
Dealing with Prejudices
During voir dire, attorneys will try to uncover any prejudices that may affect a juror's decision, in order to eliminate biased individuals.
Opening Statements' Influence on Juror Selection
Attorneys may use the voir dire process to assess how potential jurors might react to opening statements and the overall narrative of the case.
Jury Size
The size of a jury varies depending on jurisdiction, but typically numbers 12 in criminal cases, with sometimes 6 or fewer in civil cases.
Alternate Jurors
Alternate jurors are chosen to replace primary jurors in case of necessity such as illness or disqualification during the trial.
Confidentiality in Selection
The juror's information is kept confidential during the selection process to protect their privacy and ensure an unbiased approach.
Consideration of Juror Hardship
During selection, potential jurors can be excused if serving on the jury would be an extreme hardship, such as financial or personal.
Public and Media Influence
The impact of public opinion and media coverage is assessed to ensure potential jurors have not been unduly influenced before the trial.
Judge's Role in Jury Selection
The judge oversees the voir dire process, ensuring the procedures are followed and making rulings on challenges presented by the attorneys.
Post-Selection Juror Background Checks
Background checks may be conducted after selection to verify juror eligibility and discover any potential for bias or misconduct.
Finalizing Jury Selection
After peremptory and for cause challenges are resolved, the final jury is sworn in and receives instructions from the judge to begin the trial process.
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