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

What is it called when an attorney asks questions during jury selection?

Jun 28, 2018 · 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.

How do lawyers choose juries in criminal cases?

Even though the number of such challenges is unlimited, attorneys do not generally exercise very many because of the difficulty of accusing a prospective juror of bias or other incompetency to serve. The remaining jurors might resent the attorney for making a for-cause challenge, and the judge may even refuse to excuse the juror (if he or she is not persuaded that cause exists).

How are potential jurors questioned during a civil trial?

Jan 23, 2019 · Jury Selection. 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 and what ...

What is the primary purpose of 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 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. From those lists, summonses are mailed. A panel of jurors is then assigned to a courtroom. The …

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.

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 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.

Can an attorney challenge a jury?

When an attorney wants to challenge a juror for cause, they must state to the court the reason for that challenge. Even though the number of such challenges is unlimited, attorneys do not generally exercise very many because of the difficulty of accusing a prospective juror of bias or other incompetency to serve.

How to challenge a jury?

Each attorney has an unlimited number of "for cause" challenges which are, as the term suggests, based on a specified reason or "cause" to challenge the prospective juror. A prospective juror may be challenged for cause because of: 1 exposure to pretrial publicity about the case, 2 a connection with a party, an attorney, the judge, or a witness in the case 3 experience as a victim of a crime that is similar to that being tried 4 a religious prohibition on imposing a sentence or otherwise fulfilling his or her role, or 5 gender, race, or other bias.

What is the purpose of voir dire?

During voir dire, the attorneys scrutinize each prospective juror to try to determine if she or he would be sympathetic to one side or the other. The attorneys are also trying to determine if a prospective juror harbors any biases that would prevent them from being impartial.

What is pretrial publicity?

exposure to pretrial publicity about the case, a connection with a party, an attorney, the judge, or a witness in the case. experience as a victim of a crime that is similar to that being tried. a religious prohibition on imposing a sentence or otherwise fulfilling his or her role, or. gender, race, or other bias.

What is a witness in a case?

a connection with a party, an attorney, the judge, or a witness in the case. experience as a victim of a crime that is similar to that being tried. a religious prohibition on imposing a sentence or otherwise fulfilling his or her role, or. gender, race, or other bias.

What is a religious prohibition?

experience as a victim of a crime that is similar to that being tried. a religious prohibition on imposing a sentence or otherwise fulfilling his or her role, or . gender, race, or other bias. When an attorney wants to challenge a juror for cause, they must state to the court the reason for that challenge.

How many peremptory challenges are there?

In federal criminal trials, the number of peremptory challenges allowed is ten for the defendant and six for the prosecution in a felony case, 20 for each side in a death penalty case, and three for each side in a misdemeanor case (Fed. R. Crim. P. 24.) (In a civil case, federal rules allow each side three peremptory challenges. (28 U.S.C. § 1870.))

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 ...

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 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.

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.

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.

What is the process of voir dire?

The process for voir dire varies from state to state, and even from judge to judge. Normally, however, the judge and attorneys will interview each juror about their backgrounds and beliefs. Sometimes this happens in front of the rest of the jury pool, sometimes this happens in private.

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.

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.

Can a lawyer use a peremptory challenge to exclude a potential juror?

No reason is required for a lawyer to use a peremptory challenge to excuse a potential juror. Such challenges allow each side to dismiss jurors who are otherwise qualified, but appear likely to favor the opposing party. However, peremptory challenges cannot be used to exclude jurors on the basis of race or class.

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 ...

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 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 can be on a jury?

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. Jurors may also be excused during trial. According to section 644 (1) ...

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.

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 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 .

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.