Jury selection involves three stages, starting with voir dire where prospective jurors are questioned. Attorneys can challenge jurors and issue peremptory challenges. In death penalty cases, jurors are questioned about their beliefs. The process varies but aims to ensure a fair trial.
Jury selection is the process by which jurors are selected for a jury case trial to be held in a court of law. There are three main stages in the jury selection process. The transition between steps isn’t always clear because many times the steps overlap. The process differs slightly from country to country and sometimes from judge to judge. However, many of the basic principles surrounding the procedure are similar, if not the same.
Jury selection in most countries begins with voir dire, which is the formal questioning of prospective jurors after they fill out a questionnaire for jurors. Attorneys on both sides of a case can ask a series of questions of each prospective juror, which will give them an idea of where the prospective juror’s biases might be. The ultimate goal of an attorney during the jury selection process is to have fair and impartial jurors. Many attorneys make an effort to seat jurors who are sympathetic to their cause.
The last two parts of the jury selection process can take place during or after the voir dire. First, the prosecution or defense attorney can challenge any of the prospective jurors they feel shouldn’t be on the jury for a specific reason. For example, if the defendant is accused of rape, the defense attorney may not want a juror who was raped because he may be biased and never find the defendant not guilty.
Second, the prosecution and defense have the opportunity to issue peremptory challenges. They can remove a prospective juror for no reason. Depending on the court, a number of peremptory appeals may be made to the prosecution and defense. When prospective jurors are removed using a peremptory challenge, disclosure of reasons is not required.
For cases that may have a death penalty in localities that subscribe to capital punishment, prospective jurors are questioned about their beliefs about the death penalty. If prospective jurors are against the death penalty, they are automatically removed from the pool. A juror who disapproves of the death penalty in a murder case could potentially cause a mistrial because the jury would never agree if the defendant was guilty.
It’s important to remember that while voir dire, litigation challenges and peremptory challenges are part of the jury selection process, they are also ways for a country’s judicial system to ensure a fair trial. In countries that practice the common law, most defendants are guaranteed a fair trial by jury by their constitutions.
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