what is the process called when an attorney selects jury

How are jury selections done?

The jury selection process starts simply enough. Names are drawn at random from lists that indicate who is a resident of the jurisdiction where the trial will take place. Voter registration rolls along with driver’s licenses and ID renewals are the typical sources. The random people drawn are known as the “jury pool” and summoned to court.

What is the right to jury trial?

The right to a jury trial has become an indispensable part of the American justice system, strengthened and clarified by a number of court decisions at both the federal and state level. A jury has created a new professional class—consultants who make up to a quarter of a million dollars per case, simply advising on the jury selection process.

What is the first possible objection to a lawyer?

The first possible objection is “for cause,” which is essentially the same as implied bias —the lawyer believes this person is objectively incapable of judging the case fairly. There are no limits to the times a lawyer can object for cause, but these objections must be approved by the judge and can therefore be argued against by the opposing lawyer.

Can a judge dismiss a potential juror?

Judges can dismiss potential jurors for bias, either actual or implied. Actual bias is when a potential juror flat-out says they cannot be impartial. An example might be a murder case where the prosecution is seeking the death penalty, but someone in the pool has a principled objection to capital punishment. Since jurors can only decide guilt or innocence and not the penalty involved, this potential juror would be dismissed for actual basis.

What is jury selection?

Jury selection is the process of summoning, questioning and selecting jurors to serve on a jury for a particular trial. Generally, courts will first mail jury summons to people randomly selected from compiled lists of registered voters and people with drives licenses.

What is the process of questioning a prospective juror?

This process of questioning is called voir dire, meaning to speak the truth.

What is jury service?

Jury service is a way for U.S. citizens to participate in the judicial process.

Who determines the appropriate law to be applied to a case?

The judge determines the appropriate law that should be applied to the case and the jury finds the facts in the case based on what is presented to them during the proceedings. At the end of a trial, the judge instructs the jury on the applicable law.

What is the standard of proof in civil cases?

The jury must come to a unanimous decision unless specified otherwise. The standard of proof is a “preponderance of the evidence,” or “more true than not.”. Settlement negotiations reduce the need for juries in civil cases.

What is the unanimous decision in a criminal case?

A unanimous decision must be reached before a defendant is found “guilty.”. The government must prove the crime was committed “beyond a reasonable doubt.”. Guilty pleas and plea negotiations reduce the need for juries in criminal cases.

How many types of judicial proceedings are there?

There are two types of judicial proceedings in the federal courts that use juries. Criminal trial: An individual is accused of committing a crime that is considered against society as a whole. Twelve people, and alternates, make up a criminal jury.

Who can be excused by the judge?

Members of the panel who know any person involved in the case, who have information about the case, or who may have strong prejudices about the people or issues involved in the case , typically will be excused by the judge. The attorneys also may exclude a certain number of jurors without giving a reason.

Can you serve on a jury?

Being summoned for jury service does not guarantee that a person will actually serve on a jury. When a jury is needed for a trial, the group of qualified jurors is taken to the courtroom where the trial will take place.

What is the purpose of jury selection?

The goal is to remove jurors who won’t identify with the plaintiff and what they have suffered at the hands of the defendant.

Why do lawyers pick jurors?

Selecting the jury is the only time an attorney has the opportunity to discover the life experiences, biases, beliefs, and attitudes of the people who will decide their case. The last thing any attorney wants is for bias to come out during the trial. Thus, how lawyers pick jurors is an essential indicator of the experience and knowledge ...

What do most prosecution cases not want?

What most prosecution cases don’t want are jurors that have connections to big corporations or insurance companies . They don’t want small business owners, HR personnel, or people who have been involved on the prosecution side of their own personal injury cases. In addition, you don’t want people who favor tort reform, or are vocally opposed to “frivolous lawsuits.”

What is a voir dire?

Voir Dire is the process of interviewing potential jurors, a preliminary interview where each side gets to talk to the jury. This is a key part of how lawyers pick jurors. It affords the attorney the opportunity to work out bias, pick those jurors that will most benefit their case, and eliminate those who present a danger or a problem.

Why is it important to listen to jurors?

That’s why it’s so important for attorneys to carefully listen and talk to their potential jurors to get a feel for how the individual case will be viewed.

Why do unions make good jurors?

Very often, union employees make for good prosecution jurors as they are used to fighting injustice. People who are prone to look unfavorably on big corporations are good for cases like product liability and trucking accident cases.

What is the difference between winning and losing a case?

Picking the right jury is the difference between winning and losing a case. The greatest mistake that an attorney will make is trying to find a jury that’s biased towards their side, rather than trying to find one that’s as impartial as possible. Trying to find a jury that’s anything less than fair can be a fast path to losing a case , and a good lawyer knows this.

What is jury selection?

Jury selection is the selection of the people who will serve on a jury during a jury trial. The group of potential jurors (the "jury pool", also known as the venire) is first selected from among the community using a reasonably random method. Jury lists are compiled from voter registrations and driver license or ID renewals.

How are jury lists compiled?

Jury lists are compiled from voter registrations and driver license or ID renewals. From those lists, summonses are mailed. A panel of jurors is then assigned to a courtroom. The prospective jurors are randomly selected to sit in the jury box.

How many jurors can deliberate in a trial?

At the conclusion of the trial and following the jury charge, a maximum of twelve jurors may deliberate.

How many jurors are there in a trial?

At the end of the trial, a maximum of twelve jurors and minimum of ten jurors may deliberate. Section 631 (2.2) as well as section 643 of the Criminal Code specify that a jury may consist of either 12, 13 or 14 members, however, 12 is most common. Section 631 (2.2) allows a judge to order that 13 or 14 jurors be sworn in under certain circumstances.

What is the purpose of a prospective jury?

The prospective jurors are randomly selected to sit in the jury box. At this stage, they will be questioned in court by the judge and/or attorneys in the United States. Depending on the jurisdiction, attorneys may have an opportunity to mount a challenge for cause argument or use one of a limited number of peremptory challenges .

Why is scientific jury selection controversial?

The practice has proven controversial because of fears that it gives lawyers the ability to "fix" the jury and enhances the distorting effect of money.

How many jurors are there in a murder trial in Canada?

Part XX of the Criminal Code of Canada allows for a jury in a Canadian murder trial to consist of twelve jurors. However, a minimum of ten jurors and a maximum of 14 jurors may hear the evidence a trial. At the end of the trial, a maximum of twelve jurors and minimum of ten jurors may deliberate.

What is the role of a lawyer in jury selection?

The process of jury selection is called "voir dire," and the role of an attorney is to identify which potential jurors will be helpful to their cases and which jurors may hold a bias toward their clients. The considerations for voir dire can vary to some extent, depending on whether the case is a criminal or civil trial.

Why do attorneys like to select jurors?

Attorneys typically like to select jurors that they believe will be sympathetic to their clients' positions. Because both sides are involved in jury selection, the ideal outcome is a balanced, fair and impartial jury.

What is the role of attorneys in voir dire?

The considerations for voir dire can vary to some extent, depending on whether the case is a criminal or civil trial. Finally, attorneys play a very important role in selecting juror questions that will determine which jurors will be selected.

Why is jury selection important?

Importance. Jury selection is one of the most important tasks an attorney performs when preparing for trial. If an attorney allows his opponent to dominate the jury selection process, it is possible that the case could be lost due to prejudice before the trial even begins. Attorneys typically like to select jurors that they believe will be ...

What factors can an attorney use to remove jurors?

Attorneys may turn to factors such as criminal background, socioeconomic status, occupation, familiarity with the legal system or a myriad of other similar factors .

What is the voir dire process?

Process. During the voir dire process an attorney may challenge a prospective juror for cause or by way of a peremptory challenge. If using a challenge for cause the attorney must show that the prospective juror holds a bias against his client, or that the prospective juror has an intimate relation to the case that could compromise the trial. ...

Why are alternate jurors selected?

Alternate jurors are selected in some cases to take the place of jurors who may become ill during the trial. Alternate jurors hear the evidence just as the other jurors do, but they don’t participate in the deliberations unless they replace an original juror.

What is the role of a jury in a trial?

Once impaneled, the jurors’ role is to listen to the evidence conscientiously and not draw premature conclusions. They are instructed by the judge not to discuss the case with outsiders or each other (until deliberations). They generally do not have the right to ask questions of witnesses, but some judges permit jurors to submit written questions for the judge and lawyers to consider. (The lawyers have a right to object to these questions, just as they do to questions posed by lawyers during the trial.) If appropriate, the questions may be asked.

How many jurors are needed for a trial?

Steps in a Trial 1 In civil cases, especially in courts of limited jurisdiction, the standard size in many jurisdictions is becoming six, which can be increased by stipulation of both parties. 2 In misdemeanor cases there are sometimes fewer than twelve jurors, though in serious criminal cases twelve jurors are generally required. 3 The old requirement that juries be unanimous is also changing. In misdemeanor and civil cases particularly, states often provide for verdicts based on the agreement of three-fourths or five-sixths of the jurors.

How many people are on the jury list?

In many jurisdictions, jury selection begins with the court clerk's calling twelve people on the jury list and asking them to take a place in the jury box. The judge usually makes a brief statement explaining what kind of case is to be tried and inquiring whether there is any reason the potential jurors cannot serve.

Can a lawyer challenge a jury without stating a cause?

Each request will be considered by the judge and may or may not be allowed. In addition to challenges for cause, each lawyer has a specific number of peremptory challenges. These challenges permit a lawyer to excuse a potential juror without stating a cause.

Can a lawyer dismiss a juror for cause?

If either lawyer believes there is information that suggests a juror is prejudiced about the case, he or she can ask the judge to dismiss that juror for cause. For example, a juror can be dismissed for cause if he or she is a close relative of one of the parties or one of the lawyers, or if he or she works for a company that is part of the lawsuit. Each lawyer may request the dismissal of an unlimited number of jurors for cause. Each request will be considered by the judge and may or may not be allowed.

Juror Selection

• Each district court randomly selects citizens’ names from lists of registered voters and people with drivers licenses who live in that district. The people randomly selected complete a questionnaire to help determine if they are qualified to serve on a jury. Those qualified are randomly chosen to be summoned to appear for jury duty. This selection ...

See more on uscourts.gov

Jury Pool to Jury Box

Types of Cases Heard by Juries

Working Together: Judge and Jury