A criminal case that goes to trial will have a jury that listens to both sides of the matter before deliberating and making a decision on whether the defendant is guilty or not guilty. Before the jury hears the case, jury selection must happen. This process is called voir dire.
The goal of voir dire is for the attorneys to find a jury that is fair, impartial and capable of making a decision for the case based solely on the evidence presented and the applicable laws. Just because they share a common goal doesn’t mean that both the prosecution and the defense will agree on which potential jurors are appropriate for a specific jury.
What is the process for voir dire?
During voir dire, both sides are allowed to question potential jurors. These questions are designed to uncover biases, prejudices or personal experiences that might affect a juror’s ability to be objective. Topics often include past experiences with law enforcement, exposure to the case through media, or strong opinions about the legal system.
Attorneys have two main tools during voir dire: challenges for cause and peremptory challenges. A challenge for cause is used when a juror clearly shows they can’t be impartial. There is no limit to how many challenges for cause either side can make. Peremptory challenges, on the other hand, allow an attorney to dismiss a juror without giving a reason, although the number of peremptory challenges is limited and they can’t be used to discriminate based on race, gender or other protected categories.
Jury selection is critical because jurors need to be able to help protect the public while balancing the rights of defendants. This isn’t always easy, but the results can impact a defendant’s future. Because of this, defendants must ensure they’re working with someone who can read potential jurors and determine if they can meet the standards for criminal juries.