what is the role of an attorney in jury selection

What Is the Role of an Attorney in Jury Selection?

• Importance. Jury selection is one of the most important tasks an attorney performs when preparing for trial. ...
• Process. During the voir dire process an attorney may challenge a prospective juror for cause or by way of a peremptory challenge.
• Peremptory Challenges. ...
• Considerations. ...

Full Answer

What makes a good lawyer for 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...

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

Oct 03, 2019 · Jury selection is an important process. The right jury members are the ones who do not appear to have bias against the defendant, and the defense team goes to great lengths to ensure this is the case. Here’s what a Washington Township criminal defense attorney looks for during the process.

What is jury selection in a civil case?

Jun 28, 2018 · In a civil case, the jury will determine the degree of fault any given party holds, which will have a direct effect on the award amount you will receive. From the side of the plaintiff, jury selection is actually much more a process of dismissal than selection; that is, your attorney wants to weed out undesirable members. In this case, “undesirable” means people who are …

What is the role of a jury in a trial?

Voir dire (Latin for “to speak the truth”) is the initial stage of a jury trial. This stage allows the defendant and plaintiff’s attorneys to ask potential jurors questions to determine whether or not they would be impartial for the civil lawsuit presented before them.The plaintiff’s attorney goes first in voir dire.

Why is jury selection important?

The Importance of Jury Selection. 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.

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 role of a jury in a civil case?

From the plaintiff’s standpoint, they are a chance to get justice and hold a guilty party accountable for a crime or other wrong. In a civil case, the jury will determine the degree of fault any given party holds, which will have a direct effect on the award amount you will receive.

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 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 is a voir dire?

Voir dire (Latin for “to speak the truth”) is the initial stage of a jury trial. This stage allows the defendant and plaintiff’s attorneys to ask potential jurors questions to determine whether or not they would be impartial for the civil lawsuit presented before them.The plaintiff’s attorney goes first in voir dire. They will introduce panel members to the case using basic information. No evidence is introduced at this time; instead, the attorney will ask the panel members questions in order to determine if there is a potential bias on the part of a juror. After the plaintiff’s attorney has asked their questions, the defendant’s attorney has the opportunity to do the same. The defense’s goal will be to ensure no juror selected has an obvious sympathy to the plaintiff.

What happens after each side has completed their questioning?

After each side has completed their questioning, the attorneys are then allowed to present their challenges. This is when each attorney will ask the judge to strike a potential juror stating their expressed bias. The judge is present during the voir dire; therefore, he or she will listen to the questions and answers for each panel member. This allows the judge the opportunity to make a fair ruling during the challenge stage of the selection process.

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 an empaneled jury?

Once all the culling of the jury pool is complete, a jury is said to be “empaneled.”. An empaneled jury will also consist of alternate jurors who will hear the evidence, but will only go into final deliberations if one of the original jurors has to leave. With an empaneled jury, the case is now set to begin.

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 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 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 .

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.

Can a judge dismiss a juror?

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.

What is actual bias?

Actual Bias. Actual bias arises when potential jurors admit that they wouldn't be able to be impartial. For example, a juror who states that she would never vote for a guilty verdict in any case because her religious beliefs prevent her from sitting in judgment of another would be excused for cause. Implied Bias.

What is jury selection?

Jury Selection. Anyone accused of a crime is entitled to a trial by jury, and as a consequence, when the accused walks into the courtroom on the first day of trial, a jury is ready and waiting for the process to begin.

What is the job of a jury?

The main job of a jury is to assess the evidence and testimony presented during trial to determine if the prosecution proved the accused is guilty “beyond a reasonable doubt.”. In order keep this process as fair as possible, the jury is only permitted to consider evidence introduced and the judge’s instructions.

What are the rules of jury duty?

Once all the evidence and arguments from both sides are presented, the jury is sent off to debate the merits of the case, and reach a unanimous decision of guilty or not guilty. The jury is permitted to ask the judge certain questions to assist with deliberations, as long as the attorneys are present, related to: 1 the case; 2 rehearing specific evidence; and 3 reexamining particular evidence.

What is a jury in a case?

Jurors are meant to represent a cross-section of the community, and thus represent an approximation who would qualify as peers of the accused. Further, jurors need to have an unbiased view of the case at hand so a balanced and fair verdict can be issued.

Can jurors discuss a case?

Importantly, jurors are not allowed to discuss any aspect of the case with anyone connected to the case or from the outside, other than other jurors, including the attorneys, witnesses, family members, or friends. This prohibition is in place to prevent the juror from being influenced by outside information, and the judge has ...

Can a jury consider evidence?

In order keep this process as fair as possible, the jury is only permitted to consider evidence introduced and the judge’s instructions. The use of outside information or evidence to reach a verdict is never permitted.

What is jury selection?

Jury selection is a process of elimination that requires good knowledge of the issues of the case, good research skills, the ability to observe actions and interactions, as well as the ability to make suggestions to help ensure the best outcome for the client.

What is a jury list?

It begins with a jury list, consisting of randomly selected people from your community. In most states or venues, the jury list is compiled from voter registration and driver’s license lists. Some venues have a jury commissioner, an officer of the Court responsible for choosing a panel of potential jurors. The jury panel is typically screened by ...

What is the role of a paralegal?

Relation to law enforcement or government official. Your paralegal plays a critical role in helping your trial team learn as much as possible about the jury duty candidates, before they ever set foot in the court room.

What is the purpose of voir dire?

It essentially means “to see or speak the truth.”. Voir Dire helps ensure everyone is afforded a fair trial.

How many jurors are there in a voir dire?

Essentially each party will have a limited number of each, with the goal of this system being that a fair trial is afforded to all with the choosing of appropriate jurors and alternates, which in most jurisdictions consist of six to 12 jurors and one or two alternates.

What does "voir dire" mean?

It essentially means “to see or speak the truth.”. Voir Dire helps ensure everyone is afforded a fair trial.