If you have ever been summoned to jury duty before, then you are familiar with the process of sitting in the courtroom among your peers, answering questions from the attorneys, and then finding out whether you need to stay or go home. It may appear to be a simplistic process; however, there is actually much more to the jury selection happening behind the scenes that a potential juror like yourself would not see. This article will take a deep dive in examining how the jury selection process works and how the attorneys decide who will be on the jury.
What is Voir Dire?
First, all the prospective jurors that have been called are brought into the courtroom. This is where the judge, defense counsel, and prosecutors will carry out a process called voir dire. Voir dire is French for “to speak the truth.” It is during this process when both sides take some time to question the jury pool. These questions are intended to paint a better picture of the individual personalities and personal beliefs of each prospective juror. Gathering these responses allow the attorneys on both sides to determine who may be better suited for the case and who should be dismissed.
Once the questioning is complete, the jury pool leaves the room and both sides present challenges to the judge. Challenges are what attorneys use to remove potential jurors from the jury pool. The criteria for how challenges work differ from state to state. There are two types of challenges that can be used:
- Challenge for Cause:
- Requesting to dismiss a prospective juror for a specific reason that affects the person’s ability to “be fair, unbiased or capable of serving as a juror”
- Florida law provides twelve valid reasons that can be used, such as if the juror has preconceived notions about the defendant or they have previously served on a jury for the same defendant in a different case (Florida statute 913.03)
- Can be used an unlimited number of times
- Requesting to dismiss a prospective juror for a specific reason that affects the person’s ability to “be fair, unbiased or capable of serving as a juror”
- Peremptory Challenge:
- Requesting to dismiss a prospective juror without needing a reason or explanation
- Can only be used three times for misdemeanor offenses, six times for felony offenses, and ten times if the felony charge carries that are punishable by death or life imprisonment (Florida statute 913.08).
Peremptory challenges, while less constrained compared to challenges for cause, do not come without their own limitations. Although a reason does not have to be provided, the United States Supreme Court ruled in Batson v. Kentucky that a peremptory challenge cannot be used to exclude a juror based on race, ethnicity, or sex.
If the attorneys for one side feel that the other side used a peremptory challenge improperly, then they can raise a “Batson Challenge.” For the challenge to be successful, the challenging attorney must provide sufficient details to indicate the opposing side’s violation. If the court finds that the challenge has weight, the attorneys being challenged must be able to provide a rational, nondiscriminatory reason that is unrelated to the juror’s race, ethnicity, or sex. If they fail to do so, the court can deny the peremptory challenge and allow the juror to stay.
Once both sides are satisfied with the jurors currently selected and decide not to use any more challenges, then the voir dire process will end, and the trial can begin.
Voir dire is an important process to get right, as it has a significant impact on how the rest of the trial proceeds. If you have been charged with a crime and will be going to trial, you will need a seasoned defense attorney who can fight for you and ensure that the jury in your case will be impartial and fair. Call the defense attorneys at Hendry & Parker, P.A., located in downtown Dunedin, at (727) 205-5555 today for a free consultation, Serving Pinellas, Pasco & Hillsborough Counties.