what is the process in which the prosecutor and defense attorney question the jury pool called?

What is it called when a judge questions a potential juror?

In a procedure called voir dire, lawyers and, sometimes, judges question potential jurors from a pool of citizens summoned to court to serve jury duty. Voir dire (vwar deer) means “to speak the truth."

How is a jury selected in a criminal case?

When a case is called for trial, a randomly selected panel of potential jurors (called a venire) is seated in the courtroom. 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.

Why do attorneys ask so many questions during a jury trial?

That’s why attorneys will keep their questions brief and to the point, and will follow up to guide a conversation with the juror. It’s all about seeing through the masks that everyone wears on a daily basis, and finding the truth underneath. Juries fulfill one of the most vital roles in the jury trial.

What happens if an attorney allows his opponent to dominate jury selection?

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 sympathetic to their clients' positions.

Why jury selection matters

The jury selection process in your criminal case is extremely important, and for a number of reasons. Perhaps the most important reason is that individuals enter the jury pool with their own learned experiences, biases, and motivations.

The jury selection process

When a pool of potential jurors is called into court, the prosecution and defense each have the opportunity to question the potential jurors. These questions can be targeted toward biases and prejudices, or they can seek to determine how much pre-existing knowledge the potential juror has about the case.

Know how to competently navigate the jury selection process

As you can see, there’s a lot involved in the jury selection process. Yet, if you mishandle jury selection, then you could end up with your future in the hands of a group of people who have already pre-decided your case. That’s inappropriate and antithetical to your right to fair trial.

What is the purpose of asking jurors questions?

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 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 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.

What happens if a judge doesn't put aside their feelings?

Any person who doesn't meet these criteria will be dismissed "for cause.". Judges will also dismiss jurors who can't put aside their feelings and apply the law impartially—that is, without actual or implied bias. Actual Bias. Actual bias arises when potential jurors admit that they wouldn't be able to be impartial.

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 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.

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 ...

Why is it important to note that judges afford prosecutors considerable leeway in explaining challenges to jurors?

It's important to note that judges afford prosecutors considerable leeway in explaining challenges to jurors. If, for example, a prosecutor mistaken ly attributed the statement of one juror to another, the judge may find that there hasn't been purposeful discrimination. A judge may also determine that a dismissal wasn't made for discriminatory reasons because the prosecutor accepted other jurors of the same race, ethnicity, or gender as the dismissed juror.

How to prove that a prosecutor's dismissal of a juror was discriminatory?

In order to show that the prosecutor's dismissal of a juror was discriminatory, a defendant must show that it was based on race, ethnicity, or gender. (It's not a violation for the prosecution to dismiss someone because of other characteristics such as religious denomination and social club membership.)

What does the judge decide when a peremptory challenge is purposefully discriminatory?

The judge must decide whether the challenge was purposefully discriminatory. If the judge decides that the prosecutor sufficiently explained the peremptory challenge, then the defendant must prove that the explanation is disingenuous. Otherwise, the judge won't find a Batson violation.

What happens if a jury is excluded based on group bias?

The exclusion of even one juror based on group bias is enough to constitute a Batson violation. The consequences of a violation depend upon when the defense proves it. If the defendant proves a Batson violation during jury selection, the usual remedy is to dismiss the entire panel of potential jurors, declare a mistrial, and select a new jury. Alternatively, a judge can decide to include the challenged juror in the jury, or to give the defendant additional peremptory challenges.

What happens if a defendant proves a Batson violation?

If the defendant proves a Batson violation during jury selection, the usual remedy is to dismiss the entire panel of potential jurors, declare a mistrial, and select a new jury. Alternatively, a judge can decide to include the challenged juror in the jury, ...

What evidence is there that a prosecutor has made biased statements during jury questioning?

Evidence that a prosecutor has made biased statements during jury questioning, asked very different questions of minorities than of white jurors, or used a disproportionate number of peremptory challenges on minorities provides strong support for a prima facie case of jury discrimination.

What is the Supreme Court's refusal to specify what facts a defendant must present in order to make the above showing

The Supreme Court has refused to specify what facts a defendant must present in order to make the above showing (called a "prima facie case") of discrimination. Rather, judges must evaluate all the circumstances when deciding whether it appears that discrimination is at play.

What is the process of jury selection called?

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.

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 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. ...

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 a peremptory challenge?

Peremptory Challenges. A peremptory challenge can be used to eliminate a juror without giving a justification for why that juror is being dismissed. Attorneys are only given a limited number of peremptory challenges, so they must be used wisely when selecting a jury.

What is the purpose of a plaintiff telling a jury a story?

The plaintiff will tell a jury a story of how their client was victimized by the defense, how they’ve 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 is the good and bad about a plaintiff juror?

When the plaintiff picks jurors, they’re looking for those who are very sympathetic, who are willing to view the prosecution as the victim in the case. Very often, union employees make for good prosecution jurors as they are used to fighting injustice.

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.

What does "undesirable" mean in jury selection?

In this case, “undesirable” means people who are likely to sympathize with the defense.

What is jury selection?

Jury selection is a bit like ping pong, volleyball or tennis game where there’s no out of bounds. The ball is always in motion, and there’s a constant back-and-forth going, where it’s important to always react to what you’re getting, without hesitation.

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 does the defense examine in a criminal case?

The defense may also examine evidence that the government plans to introduce at trial. Most importantly, defendants must be provided with any evidence that tends to prove his or her innocence. Generally, in criminal cases, the prosecution is not entitled to discovery from the defense.

Who initiates a criminal investigation?

A criminal investigation is initiated by law enforcement . Law enforcement includes but is not limited to police officers, sheriffs, prosecutors, and animal control officers. They will interview any victims and witnesses and possibly the person of interest. If relevant, they will evaluate and document the crime scene.

What is a pretrial motion?

motions to suppress or exclude certain evidence (including physical evidence and confessions); Hearings on pretrial motions take place prior to trial and often involve the testimony of witnesses and the introduction of evidence. If a motion to dismiss the case is granted by the judge, the trial will not take place.

What are the rights of a defendant in a criminal case?

Defendants in criminal cases are entitled to receive copies of all police reports; victim and witness statements; all statements attributable to the defendant; criminal history reports of witnesses and the defendant; and scientific and expert’s reports.

How long does it take for a criminal case to be a trial?

In most criminal cases, a trial must commence with six months of the date of the entry of a plea of not guilty. The prosecution provides “Discovery.”. “Discovery” is the sharing of information, documents and evidence related to the case.

How long does it take to file a felony?

Typically, a felony must be filed within three years of the date the crime was committed, and a misdemeanor within one year to 18 months (this time period can vary by jurisdiction). The prosecution may appeal an order dismissing a case or an order suppressing evidence. A jury is selected.

What happens if you are arrested?

If a person is arrested, they are taken into custody and will be transported to a jail. In most cases, the prosecutor or law enforcement officer decides on the charges that will be filed. Additionally, depending on the jurisdiction, charges may also be filed by way of a grand jury indictment.

How many members are on a master jury?

The U.S. Supreme Court has ruled that juries do not have to consist of 12 members. The U.S. Supreme Court has ruled that master jury lists must reflect a representative and impartial cross section of the community. The venire is the master jury list.

Why are African Americans off the jury in Kentucky?

The primary purpose of the jury is to prevent oppression by the government.