the process of selecting a jury which permits an attorney to ask a jury

by Lexie Kunze IV 8 min read

Lawyers and judges select juries by a process known as "voir dire," which is Latin for "to speak the truth." In voir dire, the judge and attorneys for both sides ask potential jurors questions to determine if they are competent and suitable to serve in the case.

Why do attorneys ask questions?

Attorneys ask questions of potential jurors to determine juror attitudes, biases, and their ability to truly be an impartial juror. The attorneys will inquire about you personally, and will also ask questions about your friends, families, and acquaintances.

Is jury duty a civic duty?

Jury duty is something that makes many people nervous. The courthouse procedures, the judge sitting stoically in a black robe, and the formality of the courtroom process can be intimidating. However, serving on a jury is an important civic duty.

What is the role of jurors in a civil case?

Jurors are responsible for ascertaining the veracity of all facts, information, testimony, and depositions provided in a civil trial through their verdicts. For this reason and others, the assistance and counsel of an attorney throughout every phase of any civil case involving a civil trial or civil litigation is essential.

How many jurors are needed for a civil trial?

In some instances, state or federal law will require a certain number of jurors to decide a case, which usually for civil trials requires only six jurors.

Why is the jury important?

The importance of the jury, and the marginal level of control over their selection attorneys possess, stems from the fact that these individuals will soon be responsible for deciding the outcome, or verdict, of a civil trial based on the preponderance of the evidence. Jurors are responsible for ascertaining the veracity of all facts, information, ...

What is prior bias?

Any prior bias creating experiences, prejudices, or involvement. Relationship of jurors to any party or witness in the civil suit. Cursory history, current employment, and other factors surrounding individual potential jurors.

What is the process of striking a jury?

In the process known as "striking a jury," the prosecution and defense take turns arguing their challenges for cause. If the judge grants a challenge, the juror will be struck from the jury panel.

What is the right to trial by jury?

The right to trial by jury in criminal cases is guaranteed by the Sixth Amendment to the U.S. Constitution, as well as the laws of every state. (See The Right to Trial by Jury .) Lawyers and judges select juries by a process known as "voir dire," which is Latin for "to speak the truth.". In voir dire, the judge and attorneys for both sides ask ...

How many jurors are needed for a trial?

The states vary in the number of jurors required for a jury, ranging from six to 23. If too many potential jurors have been eliminated after the use of challenges, the judge can either summon additional potential jurors or declare a mistrial.

What is a voir dire?

The trial judge begins voir dire by asking the prospective jurors questions to ensure that are they are legally qualified to serve on a jury and that jury service would not them cause undue hardship .

What is a challenge for cause?

Challenges for Cause. Challenges for cause are made when voir dire reveals that a juror is not qualified, able, or fit to serve in a particular case. Lawyers generally have an unlimited number of "for cause" challenges available.

How old do you have to be to be a juror?

In order to serve as a juror, a person must be a U.S. citizen, over the age of 18 , live in the court's jurisdiction, and have the right to vote. Also, each person must be able to physically sit through the entire trial as well as hear and understand the trial testimony.

What is a bias in a case?

So, a juror who is a close friend or relative of a key party, a witness, the judge, or an attorney for either side will be dismissed for cause. Bias is also implied when a would-be juror's background or experience is likely to create a predisposition in favor of a party to the case.