which of the following can an attorney exercise in the selection of potential jurors

Why do lawyers ask so many questions during jury selection?

Which of the following can be found on the U.S. House of Representatives' website? ... John is an attorney participating in jury selection for a trial for his client. He does not like the race of one of the potential jurors. ... John can. limited by the court. The number of peremptory challenges an attorney may exercise is. recross examination.

How are jurors selected in a jury trial?

have multiple purposes. 1. they allow attorney to challenge potential jurors who they believe will not be sympathetic, for whatever reason, to their client. 2. larglly symbolic function; when the parties in lawsuit play a role in selecting the people who decide the outcome, they may be more statisfied with that outcome. 3.

What is the role of alternate jurors?

Sep 27, 2021 · By using a peremptory challenge, a lawyer can dismiss a potential juror from the case without giving any reason to the judge. Improper Discrimination in Jury Selection Though lawyers don't need to explain the basis for their use of peremptory challenges, they may not use them to discriminate against potential jurors based on race or gender.

Do attorneys use expert assistance in selecting the jury?

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.

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 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.

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 the meaning of "the jury"?

The forum in which the judge and/ or the attorneys (both defense attorney and prosecutor) question prospective jurors. A french term meaning to speak the truth. Focus on juror's ability and willingness to be fair and impartial. Defendants have the opportunity (via attorney) to screen prospective jurors for prejudice.

What are the elements of a tort?

4 elements necessary for a tort. Duty, breach of duty, breach of duty is proximate cause of harm, and must show that person's actions were the cause of your pain/suffering. Physical injury and mental disorder. (physical-Mental) broken back = chronic pain, inability to continue working depression.

What is implicit personality theory?

implicit personality theory. is a person's organized network of preconceptions about how certain attributes are related to one another and to behavior. Trial lawyers often apply their implicit personality theories to jury selection. Peremptory challenges.

What is the social desirability effect?

is most people want to present themselves in a positive, socially desirable way. This desire to appear favorably, especially in the presence of a high-status person such as a judge, shapes how people answer questions and influences what they disclose about themselves.

Why do lawyers ask questions?

Experienced attorneys ask questions to get a sense of how a juror will respond to the evidence and arguments in the case about to be tried. In most federal courts, lawyers submit questions to the judge, who will then question the potential jurors in open court. In state courts, however, lawyers are typically permitted to question ...

What is the purpose of voir dire?

Its primary purpose is to make sure that the jurors can listen fairly and impartially to the evidence and render a verdict in accordance with ...

Do lawyers have to explain the basis for peremptory challenges?

Though lawyers do not have to explain the basis for their use of peremptory challenges, they may not use them to discriminate against potential jurors based on race or gender. If opposing counsel claims such discrimination has occurred, the judge may require a lawyer to provide a non-discriminatory justification for the suspect peremptory challenges.

What is the process of jury selection?

The Process of Jury Selection (Voir Dire) The questioning of potential jurors follows different rules depending on the jurisdiction (that is, if the case is in federal or state court). Even within a jurisdiction, trial judges often have their own methods for picking a jury. But no matter where the case is tried, ...

What is a peremptory challenge?

By using a peremptory challenge, a lawyer can dismiss a potential juror from the case without giving any reason to the judge.

Why do lawyers use jury selection questions?

The process of jury selection should result in a fair jury, though lawyers will often use the selection questions to make sure that jurors will be receptive to their theory of the case.

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.

What is a peremptory challenge?

Peremptory challenges are limited to a certain number determined by the kind of lawsuit being tried. They can’t be used to discriminate on the basis of race or sex. When both parties have agreed upon a jury, the jurors are sworn in to try the case by the court clerk. Those not selected are excused.

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.

How many jurors are there in a misdemeanor case?

In misdemeanor cases there are sometimes fewer than twelve jurors, though in serious criminal cases twelve jurors are generally required. 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. ...

Can a juror be dismissed 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.

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.

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 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 a death qualified jury?

A death-qualified jury is one in which all members of the venire that categorically object to capital punishment are removed.

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 jury packing?

Jury packing is "illegally or corruptly influencing a jury by making available for jury service persons known to be biased or partial in a particular case to be tried". The term also is applied pejoratively to jury selection procedures which are legal but perceived as unfair. In the nineteenth century, the prosecution had unlimited peremptory challenges in England and Ireland, whereas the defence were limited to six in England or 20 in Ireland. Peter O'Brien as Crown Prosecutor during the Irish Land War was nicknamed "Peter the Packer" by supporters of the Irish Land League. The pool from which a jury panel is selected may not have the same demographics as the general population; until the nineteenth century or later in many jurisdictions, jury service, as with the electoral franchise, was restricted to male property owners.

What is a voir dire?

Voir dire can include both general questions asked of an entire pool of prospective jurors, answered by means such as a show of hands, and questions asked of individual prospective jurors and calling for a verbal answer .

What are the requirements for jury duty?

The jury summons most likely will provide information about exemptions from jury service. These exemptions typically include: 1 Under the age of 18 2 Not a U.S. citizen 3 Have been convicted of a disqualifying felony 4 Not a resident of the county any more 5 Request to be Excused or Disqualified 6 Have a mental or physical disqualifying condition

What is the right to a jury trial?

The right to a jury trial for a serious criminal charge is guaranteed by the Constitution. Juries are also guaranteed in certain civil matters at the federal level and in most states. A jury is charged with finding the facts of the case after carefully reviewing the evidence and deliberating. But how are jurors selected ...

How many jurors are there in a Voir Dire?

"Voir Dire" refers to the second stage of jury procedures, and is the process by which the court and the attorneys narrow down the pool of jurors to the 12 people that will decide the case.

Do prospective jurors get a summons?

A prospective juror will never receive notice of jury service by phone. All of the necessary instructions will be provided on the summons.

What happens if you don't show up for jury duty?

If you fail to show up for jury service, the judge can issue a bench warrant. This is an arrest warrant that authorizes the police to arrest you. As a first offense, the punishment is typically a fine, but do it again and you are probably looking at jail time.

What happens if there are no jurors left in a trial?

If there are remaining potential jurors left, they will be excused. Jury selection has been completed and the next phase of the trial will commence.

What are the two types of objections?

There are two types of objections: "peremptory challenges" and "challenges for cause .". Generally, there is an unlimited number of challenges for cause. When an attorney challenges a juror for cause, there was most likely something in the juror's background that would prejudice them in the case.