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Understanding Jury Selection

One of the most common questions associated with jury duty is - How is a jury selected? Once you arrive at the courthouse you will become part of a jury pool. Each prospective juror is first questioned by the judge and/or the attorneys for the given case to make sure they are qualified to serve on the jury for the case. In some states that allow capital punishment there may also be an additional qualification to remove those who are opposed to the death penalty from the jury.

Voir Dire

Once you are selected as a juror you still may be removed from the case if the prosecution or defense object to you being a juror. In countries that follow common law, this is known as voire dire. This term can also encompass much more including general questions asked to the entire jury pool and answered by either a show of hands or a verbal answer.

Depending on what jurisdiction you are in it will be either the judge or the attorney's for the parties that conducts the voir dire.

How to do your best in Voir Dire
Since this step in the process is where the attorney's or judge are trying to find the most "fair" and "unbiased" members of the pool it is important to be absolutely truthful with everything you are asked. Make sure you understand each question that you are asked. If for any reason you do not completely understand the question ask the attorney or judge to repeat the question. It can be a confusing process, especially your first time so it is important that you clearly understand all of the questions you are being asked.

Voire Dire Tips for Lawyers
If you are a lawyer looking to improve their skills at voire dire then please read these tips below written by John H. Mathias, Jr. from Eight Tips For Better Voire Dire.

  • Leave each prospective juror feeling good about answering your questions;
  • Never talk down to any prospective juror;
  • Beware of the "evil eye";
  • Use voir dire to get the jury to embrace your expert witnesses;
  • Ask potential jurors if they like crossword puzzles;
  • Find out whether potential jurors are victims or individualists;
  • Break the ice for a large damages claim;
  • Don't ask silly questions just to please a jury consultant.

Jury Selection Video

Want to learn more about jury selection. Watch the video below:


 
 

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