Once there are no more viable challenges for cause, the sides alternate in striking jurors via peremptory challenges until those are exhausted or each side is satisfied with the jury panel. Some states require all challenges to be made orally, while others allow for written peremptory challenges.
The states vary in the number of jurors required for a jury, ranging from six to 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.
Once the challenges are completed and there are enough jurors for a proper jury, the judge will place the remaining jurors in the jury box. If the attorneys have any challenges to the demographic composition of the jury claims that the other side used peremptory strikes to eliminate jurors on the basis of race, ethnicity, or gender , they must assert them at this time.
Then, the jurors are sworn in, which ends jury selection and begins the next stage of the trial process. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state.
Grow Your Legal Practice. Meet the Editors. Jury Selection in Criminal Cases. Learn about the process of selecting a jury. Questioning Jurors When a case is called for trial, a randomly selected panel of potential jurors called a venire is seated in the courtroom. Challenges to the Venire After they have completed questioning, the lawyers begin removing potential jurors from the venire by making challenges for cause and peremptory challenges.
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. Peremptory Challenges No reason is required for a lawyer to use a peremptory challenge to excuse a potential juror. While some questions may be personal in nature, they are not intended to embarrass you. They are asked to determine if there is a reason you should not sit on the case. Challenge for Cause The prosecution or defendant may ask that a member of the jury panel be excused because there appears to be a specific reason, set out in the Court Rule, that one is not legally qualified to act as a juror in this case.
This is called a challenge for cause. An example of this is if the juror has a personal or financial relationship with a party. In addition, each side may excuse a limited number of jurors by peremptory challenge. A peremptory challenge is the right of the prosecution or defendant to remove a certain number of jurors without giving any reason or cause.
If you are excused either for cause or because of a peremptory challenge, you should not take it personally or be offended. You may still be selected to sit on another jury. This process of questioning is called voir dire , meaning to speak the truth. Questions concerning the suitability of jurors usually are whether they have any information about the case, whether they are related to a party in the trial and whether their prior experiences might make them prejudiced.
A prospective juror will be excluded if a lawyer can show to the judge that she or he might act unfairly in the trial. Each side can also request to remove a limited number of jurors without giving any causes. Jury service Breadcrumbs. How a jury is selected On this page: Pre-trial ballot Jury ballot Challenge No challenge Swearing-in process A jury is made up of 12 people, but more than 12 people are summoned to the selection process.
Examples of reasons not related to your health or an emergency include: your request for an excusal or deferral has been declined you have language difficulties your knowledge of someone involved with the case, or your personal experiences, could affect your ability to be fair and open-minded. Swearing-in process As a juror, you must promise to do your best to be fair and open-minded.
The trial will then begin.
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