The jury selection process is used in the US and other countries to determine which individuals will serve on a jury. It involves compiling a list of eligible citizens, sending out jury summons, and conducting a formal questioning process called voir dire. Attorneys can appeal jurors with or without cause, and the final jury pool is selected until both sides are satisfied. The process ensures a fair trial for all accused.
In the United States, defendants in criminal or civil matters appearing before a court have the right to be tried by a jury of their peers. A number of other countries also have laws in place that rely on juries to deliver a verdict. The jury selection process refers to the various methods used to determine which individuals will be required to serve.
Often, the first step in the jury selection process is compiling a randomly generated list of individuals eligible to serve. In the United States, eligible individuals are citizens who are at least 18 years of age. These individuals must also live in the local county where they have been called to serve. To gather an accurate sample of the local community, this list is usually compiled through driver’s license and voter registries.
Once the list has been completed, a jury summons form is sent to all potential candidates, informing them of the specified time, date and place to appear. In many jurisdictions, the summons also includes a section of the jury questionnaire. These questionnaires collect personal data including education, marital status, and occupation.
A number of potential jurors will not make it to the final jury selection process. Statements on the jury call form generally pertain to permitted exemptions and disqualifications. For example, people who cannot read are usually disqualified. Reasonable exemptions from serving on a jury could include being over the age of 70 or being a full-time student. Some people may also be able to request a delay due to previous appointments. Once prospective jurors return the jury summons form and appear on the designated court date, the selection process can begin.
To assign jurors to particular cases, groups of jurors are brought to the courtroom and background information about the case is provided. In most cases, jurors must also swear to answer all questions truthfully; then begins the questioning process known as voir dire. In England and Wales, this jury selection process is simple; the first 12 prospective jurors are called and asked if they can give a fair hearing. Those who claim they can be generally accepted.
In the United States, however, voir dire is a formal questioning process that allows the judge and attorneys for both sides to ask prospective jurors a series of questions to determine eligibility. Returned jury questionnaires are shared with attorneys and often influence the questions they ask. Generally, these questions are used to gain an understanding of a juror’s background and determine if there are any biases that would prevent a juror from being impartial. For example, in a malpractice case a physician who has previously been sued for malpractice might be excused from serving to ward off the possibility of bias.
During the jury selection process, attorneys for either side can justify the jurors by issuing an appeal, with or without cause. Cause challenges can be launched when jurors have a bias toward one side. Lawyers on each side have an unlimited number of such challenges to present. The peremptory appeal is instead issued without reason. Unlike challenges by cause, each side has only a few that can be released. Lawyers can use these challenges strategically in an attempt to influence the final composition of the jury in their client’s favor.
The voir dire process continues until both sides are satisfied with the final jury pool. The size of the final jury varies slightly by jurisdiction and the type of case under consideration. In the United States, England and Wales, 12-member juries are common.
Although some jurors may resent having to serve and try to avoid jury duty, the jury selection process is a vital part of the legal process. This method of random selection ensures that race, gender, religion or other biases do not influence jury selection and helps all accused get a fair lead.
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