Learn The Basic Process of Jury Selection in A Criminal Case

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Jury Selection

Learn The Basic Process of Jury Selection in A Criminal Case

In criminal cases, the sixth amendment to the U.S. Constitution guarantees the right to trial and a fair process of Jury selection. According to the Federal Constitution, Article III, Section 2 states, “The trial of all crimes, except in cases of impeachment, shall be jury.” Also, the sixth amendment says, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury.” The process of selecting a jury is called “Voir Dire,” which is the Latin translation of “Speak the truth.”

Voir Dire involves the questioning of potential members of a jury to examine their competence. This is because an error in jury selection is a valid reason to call for an appeal in criminal cases.

Here are two major processes of jury selection in a criminal case,

Questioning The Juror

This involves questioning a juror by the judge in the courtroom to ensure that they are legally competent to serve on a jury. The questioning helps ensure that none of the jurors will face any undue hardship due to jury service.

Another part of the questioning will help to ensure that none of the jurors is related to either the defense or the prosecution. Questioning can lead to the removal of jurors who:

  • Can’t be available for physical sitting throughout the case.
  • Can’t apply the law without being emotional or impartial.

Lastly, the questioning helps to identify the challenges by cause and Peremptory Challenges.

Striking The Jury

This involves an argument on the challenges for cause between the defense and the prosecution. This is where a judge will strike out jurors from the jury panel by granting a challenge either from the defense or the prosecution.

Also, jurors can be struck out through peremptory challenges too. Once each side is satisfied with the jury panel, a jury panel selection process is complete.

The number of jurors required for a jury selection process can vary from 6 to 23. When over-excessive jurors have been struck out, the judge can summon potential junior jurors or declare a mistrial.

A member of a jury must:

  • Be 18 years and above.
  • Be a U.S. Citizen.
  • Live in the court’s jurisdiction.
  • Have the right to vote.