The Process of Choosing a Jury

The Jury Selection Process

The right to trial by a jury is promoted by the sixth amendment of the United States constitution. The jury selection process is the process through which individuals who are going to serve in the jury predominantly during a jury trial. The jury is selected by lawyers and judges through a process called “voir dire.” Usually, the judges and lawyers arrive at the decision of who is to serve in the jury through asking questions. The process of jury selection is a very important aspect of the criminal justice process.

When a case is called to trial, a randomly selected number of potential jurors also called the venire seats in the courtroom. The trial then begins with the voir dire questions in order to determine whether the potential jurors are of sound mind, and whether participation in the jury will not cause them any hardships. In most cases, a person who is the only sole caregiver to an ill person may be excused from participation in the jury (Hans and Vidmar 39)

The lawyers then question the potential jurors about their general background and their biases. Moreover, they also may be asked questions regarding their knowledge on the pre-existing case. The attorneys may ask questions in order to determine any experiences that may cause the jurors to favor any of the parties involved, that is, the prosecution and the defense. However, the attorneys are not allowed to ask any personal questions or how the jurors would rule the case in advance (Hans and Vidmar 45).

After the barristers have completed the questioning process, the lawyers begin eliminating potential jurors from the panel by creating challenges (challenges for cause and peremptory challenges). For example, in order to participate in the jury, a person must be aged 18 years and a US citizen. In addition, the potential jurors may be eliminated in case they are in capable of portraying sound traits. Judges may also dismiss individuals who can’t apply the law impartially (Hans and Vidmar 50).

Lastly, there is the ‘striking of the jury’ where the defense and prosecution argue their case against the challenges of cause. If the challenge is grant by the judge, the juror is kicked off of the panel. On the occasion that there are no more feasible explanations for challenges of cause, the defense and prosecution exchange sides. On conclusion of the challenges the selected jurors are then placed into the jury box. The attorneys then assert any challenges with regards to the demographic composition. The jurors are then sworn in and the jury selection process proceeds to the next step in the trial process (Hans and Vidmar 50).

Conclusively, even though there have been complains about the jury selection process, the jury selection process is very crucial in criminal justice as it provides prospects for lawyers to develop a rapport with the jury and educate them about some theories they might be having with regards to the case.