why a prosecuting attorney may dismiss you from jury selection

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 likely to sympathize with the defense.

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Can a lawyer dismiss a juror without a reason?

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.

Why do lawyers ask so many questions during jury selection?

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.

What is the process of jury selection in a criminal case?

9 hours ago · David Weinstein, a Miami defense attorney and former prosecutor, said Cruz's attorneys are banking Scherer's mistakes for a potential appeal. Individually, they might not be enough to overturn a ...

Can a lawyer do a juror investigation?

Sep 09, 2016 · So, if your questions appear to be leading and you are not perceived as a good listener, you may hurt your own credibility. You Do Not Select a Jury, You De-select Individual Jurors It is more productive and accurate to think of your part of the jury selection process as de-selection because the only thing you get to do is to try to get rid of those jurors who are the …

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.

Why would a potential juror ignore the judge's instructions?

Similar personal experiences could cause a potential juror to ignore the judge’s instructions to decide the case based on the evidence and the law without “passion or prejudice.”. When a potential juror has had a life experience closely resembling the facts of the case, that person will likely be excused by the court.

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 ...

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 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.

What happens if you don't use questionnaires in court?

If questionnaires are not used, lawyers or judges simply ask all of their questions in open court. Potential jurors may be questioned as a group or one at a time.

What does "for cause" mean in court?

A “for cause” dismissal means the court has agreed with at least one lawyer’s argument about the unsuitability of a potential juror (or has reached this conclusion on its own). A lawyer can raise an unlimited number of “for cause” challenges during jury selection.

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 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 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 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.

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 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 happens if the prosecutor fails to prove every element beyond a reasonable doubt?

If the prosecutor fails to prove every element beyond a reasonable doubt, the jury will be instructed to make a finding of ‘not guilty.’. A judge may sit as a trier of fact as well. While the judge cannot dismiss a case based on a factual dispute prior to trial, if the defendant chooses to have the judge sit as the trier of fact at a trial, ...

How to get a case dismissed?

The first way of getting a case dismissed is to get the prosecuting attorney to dismiss the case. The prosecutor has discretion to make application to the court for a dismissal. The prosecutor filed the charge, and so the prosecutor can dismiss the charge.

What type of trial is the most common?

The most common type of trial is a jury trial , and most of the time a criminal defense attorney will suggest going to jury trial rather than a court trial. It is not uncommon though for a defendant to choose a court trial.

What happens if an attorney files a motion to suppress based on an illegal stop or search?

So for example, if your attorney files a motion to suppress based on an illegal stop or search, and all of the State’s evidence is suppressed, then the judge will dismiss the case for lack of evidence to proceed. But there are many legal issues that the judge will decide that are not dispositive of the case.

What is a court trial?

This is what we call a ‘court trial’ rather than a ‘jury trial’. Whether to go a court trial or jury trial is a decision you should speak with an attorney about, preferably an attorney who has practiced in front of the judge. The most common type of trial is a jury trial, and most of the time a criminal defense attorney will suggest going ...

Can a case be dismissed before trial?

But the likelihood that your case will be dismissed prior to trial is slim. Your chances of having the case dismissed at jury trial are much greater. If you want to avoid going to jury trial, then you will have to be flexible and willing to make a plea deal with the prosecuting attorney.

Does the judge weigh evidence?

The judge does not weigh evidence, he simply makes legal conclusions. The prosector must have probable cause on all the elements of a crime. A criminal defense attorney may file a motion to dismiss a case based on the fact that the prosecutor does not have probable cause as to every element of the charge.

What would happen if the police mistrusted the jury?

Mistrust toward the police would make jurors skeptical of every piece of seemingly solid evidence that you can present. In jury selection, it is not enough to ask about people’s attitudes toward the police in general. Many people who are critical of law enforcement would not feel comfortable speaking up in court.

Why do lawyers use jury consultants?

The American Bar Association encourages attorneys to use the expert services of jury consultants due to the subtle nature of determining inherent bias in potential jurors. But it is still the responsibility of the lead trial lawyer to choose and manage the experts, to question the prospective jurors and to make the final decisions about challenges ...

Why is de-selection important?

It is more productive and accurate to think of your part of the jury selection process as de-selection because the only thing you get to do is to try to get rid of those jurors who are the least likely to be persuaded by your case. This is a very important part of the strategy: focus on your opposition, not your ideal juror or jury. It means that the bulk of your questions, given a chance, should be addressed to jurors who you hope to challenge for cause or would have to excuse using a peremptory strike.

Do jurors expect you to be unbiased?

Moreover, as a prosecutor, you have to be aware that a higher standard applies to you: jurors expect you to be (or at least strive to be) unbiased. So, if your questions appear to be leading and you are not perceived as a good listener, you may hurt your own credibility.

Do jurors have anti police opinions?

Absent any encounters, jurors may still have strong anti-police opinions. And remember that all policing is local, so people’s opinions about police in a neighboring city or their former residence might not be the same as their opinions about police in your case and location.

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. ...

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.

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 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.

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.

Why is jury selection important?

Why is Jury Selection Such an Important Part of the Trial Process? The outcome of a legal case depends on many factors, including the facts, skills of the attorneys, witness testimony, and believability of individuals heard by the judge and/or jury. However, one of the most important aspects of a jury trial is carried out prior to ...

Why do attorneys ask jurors questions?

The attorneys may ask jurors any questions during the selection process that are relevant to the case. Therefore asking the right questions can help an attorney identify and select jurors who are sympathetic and favorable to their side.

Why do attorneys use peremptory challenges?

Attorneys may use a peremptory challenge to remove a juror from the process without providing any reason why the juror should be dismissed. Attorneys are given a restricted number of these challenges, so they must be used carefully during jury selection. Challenges are issued by attorneys to eliminate jurors on the basis of their supposed inclination to side against their clients. Factors used during these challenges may include occupation, socioeconomic status, criminal background, or familiarity with the legal system, among other factors.

What does the defendant's attorney do in a voir dire?

The defendant’s attorney will attempt to keep any individual who may register bias against the defendant’s position from sitting on the jury. Likewise, the plaintiff’s attorney will try to prevent any prospective juror from sitting on the final journey who has an unfavorable view of the plaintiff’s position. During the course of the voir dire ...

How do attorneys select jurors?

An attorney may select jurors on the basis of specific criteria. If the trial is a personal injury civil case that involves the potential awarding of civil damages, the attorney for the plaintiff may choose jurors who have a favorable attitude toward awarding large financial settlements involving both economic and noneconomic damages. The attorneys may ask jurors any questions during the selection process that are relevant to the case. Therefore asking the right questions can help an attorney identify and select jurors who are sympathetic and favorable to their side.

What is the ideal outcome of jury selection?

The ideal outcome of jury selection is a fair and impartial jury. Both sides are involved in the selection process to help ensure this outcome – though of course, both sides prefer jury members who might be sympathetic to their clients’ plights.

What is voir dire?

At the start of a jury trial, a process referred to as voir dire is conducted. During this process, the attorneys of both sides are allowed to question potential jurors to determine which jurors will hear the case fairly. The defendant’s attorney will attempt to keep any individual who may register bias against the defendant’s position from sitting on the jury. Likewise, the plaintiff’s attorney will try to prevent any prospective juror from sitting on the final journey who has an unfavorable view of the plaintiff’s position.

What is the question asked by jurors?

One common question presented to jurors is, “Are there any religious beliefs that prevent you from passing judgment on another person?” Frederick says this is to weed out people whose faith might impede their ability to view a case objectively .

What happens if you don't vibe well with an attorney?

Indeed, research shows that if you don’t vibe well with an attorney, you’re more likely to decide against their argument. “One attorney told me, 'If I can tell they don’t like me, I get rid of them,’” King says.

What are some examples of bias in law enforcement?

For example, “if it’s a medical malpractice case and there’s a woman and all of her friends are nurses, that might bias her a little bit,” says Matthew Ferrara, Ph.D, a trial consultant and forensic psychologist. And if you have friends or family in law enforcement, that’s a big red flag. “In a criminal case, relationship to someone in law enforcement is paramount,” Ferrara says. “People who are probation officers, police officers, jailers or are related to the same type of profession would be probably viewed as biased toward the prosecution.”

What does the defense look for in a lawsuit?

The plaintiff attorney or prosecutor will generally look for people more inclined to trust authority.

Who can be pivotal in a verdict?

Leaders, contrarians, and independent thinkers can be pivotal in a verdict. These people have the potential to rally the rest of the group behind a unanimous decision, which is great for the plaintiff or the prosecutor.

Do attorneys pick their jurors?

But there are a few general traits attorneys take into consideration when trying to decide whether you’d help or hurt their argument. Attorneys don’t get to pick their jurors.

Prosecutor May Dismiss A Case

Judge May Dismiss A Case

Jury (or Trier of Fact) May Dismiss A Case

• The final way, and most common way, of getting a case dismissed is to get a jury to enter a judgment of acquittal. The jury sits as a trier of fact, they will weigh all the evidence, and decide who to believe and what the ultimate facts are. The prosecutor must prove every element of the charges beyond a reasonable doubt. This means that the defend...

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Dismissal Or Plea Deal?