How Are Juries Selected in Trials?

Jury selection can make or break a trial, influencing the outcome before a witness takes the stand. From criminal cases to civil lawsuits, jury selection is a crucial step in determining case outcomes. The process involves more than just randomly picking names — it involves strategy.

Lawyers on both sides work to ensure that jurors are impartial while also considering how each person’s background, experiences, and biases might influence the verdict. Understanding this process can help you navigate jury duty or prepare for trial with the proper legal representation.

Composition of a Jury

A jury panel is a randomly selected group of individuals from the community. The jury size will depend on the type of case being heard and the jurisdiction.

Criminal trials that hear felony cases typically have 12 jurors. Misdemeanor trials can have fewer jurors; the number of jurors depends on the state’s law. If it is a death penalty case, it will always have 12 jurors.

Civil trials typically have between 6 and 12 jurors, depending on state law. In addition to the jurors that serve on the panel, alternate jurors will be selected to take the place of a juror excused during the trial.

Role of Jury Members in a Trial

The jury members are responsible for performing several tasks throughout the trial process. Before the trial begins, the jury must carefully listen to the judge’s instructions. They also take an oath to remain fair and impartial while following the legal guidelines. During the trial process, the jury listens to the opening statements, evidence presentations, cross-examinations, and closing arguments.

Then, the members participate in jury deliberations. The jury leader (foreperson) leads the conversation. The jurors will analyze the evidence and testimony while applying the legal instructions. They must reach a verdict based on the “beyond a reasonable doubt” standard (criminal cases) or the “preponderance of evidence” standard (civil cases). The jury’s duties are completed by delivering the verdict. The jurors present their decision to the court.

Jury Selection Process Overview

The jury selection process begins with venire or the creation of the jury pool. A random list of individuals is compiled from public records. Prospective jurors could be pulled from voter registration rolls, driver’s license records, state ID records, tax records, utility bills, unemployment, or welfare records.

All individuals on the list receive a jury summons that legally requires them to report to the court clerk listed on the summons for jury duty. The court clerk manages the logistics of jury selection and maintains the court records. All potential jurors will complete a juror questionnaire to determine their eligibility.

Many disqualifications happen during this stage for generalized qualifications. Each state has a list of factors that will automatically disqualify someone. Some states give individuals the ability to postpone or opt out of jury service for a qualifying reason.

With a list of potential jurors, the selection process begins. The prosecuting and defense attorneys and judge will question the juror group together and individually. The attorneys will dismiss or challenge a juror if they do not want them on the final jury panel. The final jury panel is seated once both sides have used their challenges. Alternate jurors are also chosen in case a juror must be excused.

Initial Stages of Jury Selection

During the initial stages of jury selection, a large pool of citizens are notified of their legal duty to appear for jury duty. These people are randomly selected from public records. If someone ignores their jury summons, they face fines and potentially more severe legal penalties.

Depending on the state, a questionnaire will be included with the summons, or you will be directed to the questionnaire online. Potential jurors must answer these questions to determine if they can legally be a jury. This is also when someone can request an exemption or postpone their jury duty.

A day, time, and address will be listed on the summons. All potential jurors must appear in accordance with the summons. This large group of potential jurors is called a venire or jury pool. The jury pool is then narrowed down by randomly selecting a smaller group to go through a process called voir dire — preliminary questioning to determine if potential jurors can be fair and impartial. Some people are disqualified during this phase for legal or hardship reasons.

Determining if Jury Members Will Be Fair and Impartial

The trial judge, prosecution, and defense attorneys will question the potential jurors to determine if they can be fair and impartial. How intensive this process is will depend on the court and the case’s complexity.

Some questions will be generalized to determine background information and mindset that could influence biases. Other questions will be case-specific. For example, if the facts of the case include a murder, there may be questions asking the jurors if someone close to them has ever been murdered. If a particular case involves a DUI, there may be jurors questions about DUIs to determine if the jurors have personal experiences that can impact their perception of the case.

While all states generally follow this process, there are some exceptions. California and New York allow for written voir dire questionnaires before oral questioning. Arizona and Colorado permit jurors to submit written questions to attorneys during voir dire. Texas allows broader attorney questioning compared to federal courts, where judges lead voir dire. In death penalty cases, most states require jurors to be “death-qualified” (i.e., willing to impose the death penalty if warranted).

Selecting the Final Jury Panel

As the voir dire process occurs, the pool of potential jurors is narrowed down. The prosecution and defense attorneys each get a limited number of peremptory challenges. Peremptory challenges are objections to a juror without needing to provide a reason to the court. The number of Peremptory challenges can vary by state and type of case.

In Batson v. Kentucky, the U.S. Supreme Court ruled that peremptory challenges cannot be based on race. Later cases extended this rule to gender and ethnicity. Courts may require attorneys to provide race-neutral or gender-neutral explanations if a peremptory challenge is suspected of violating court rules.

Some states allow judges to override peremptory challenges if they believe they are being misused. For-cause challenges enable attorneys to dismiss a juror if they show bias, conflict of interest, or inability to be impartial. There is no limit to these challenges. Some states pay jurors a small stipend for their time to compensate them.

Alternate Jurors

Alternate jurors are chosen to replace regular jurors who become ill, have emergencies, or are dismissed during the trial. The number of alternates depends on the length and complexity of the case.

Federal felony trials typically have between one and six alternates. State courts vary but can have up to four alternates. Alternates hear all evidence but do not participate in deliberations unless they are needed. If an alternate replaces a juror after deliberations begin, some states restart deliberations to ensure fairness.

Legal Strategies in Jury Selection

Experienced lawyers use several strategies to improve their jury selection efforts. Attorneys often research the demographics and psychology of potential jurors. They employ experts who dedicate their entire careers to perfect jury selection. They help lawyers craft targeted questions to uncover biases, beliefs, and experiences relevant to the case. It will be a combination of open-ended questions while observing body language, thought processes, and personality.

Attorneys have a limited number of peremptory and for-cause challenges, so each lawyer must carefully consider their use. Some lawyers even compile their own jury outside of the court process. They present their case in a mock trial to determine how a potential jury will respond. Defense attorneys may favor jurors who are empathetic, skeptical of law enforcement, or independent thinkers. Prosecutors may favor rule-followers, individuals with pro-law enforcement attitudes, or those with prior jury experience.

Can Juries Be Reselected?

There are two instances when a jury can be reselected: A mistrial or juror dismissal.

Jury Reselection in Mistrials

During a mistrial, the trial is ended without a verdict. Common reasons for a mistrial include procedural errors, prejudicial events, or a hung jury.

A procedural error could be improper jury instructions or misconduct. The Sixth Amendment gives the right to a speedy and public trial by jury. The defendant can argue for a new trial if those rights are violated. A prejudicial event could be an improper remark by an attorney or inadmissible evidence being presented. A hung jury happens when the jurors cannot reach a unanimous or required majority decision. Following a mistrial, the prosecution may choose to retry the case with a newly selected jury.

Jury Reselection for Misconduct

A juror may be dismissed because of misconduct, conflicts of interest, or personal hardship. An example of misconduct is a juror discussing the case outside the courtroom. Bias or conflict of interest could be a juror’s personal relationship with the defendant.

A personal hardship could be a medical emergency or another event that prevents them from being able to serve as a juror. If enough jurors are dismissed and no alternates are left, the judge may declare a mistrial and reselect a new jury. Some states allow trials to continue with fewer than 12 jurors in non-capital cases if both parties agree. Professionals are employed to assist during the jury selection process and trial to ensure a fair and just legal process.

In some situations, court interpreters may assist during the court process. If the juror does not speak English, an interpreter will translate for them. A jury consultant is often hired during a high-profile or complex case.

Assist attorneys in forming voir dire strategies to ensure fair jury selection and identify any potential juror biases. Jurors who have special needs may be provided with accessibility aids by the court. For example, hearing-impaired jurors may request assistive listening devices, sign language interpreters, or written transcripts. Some states have specific laws ensuring ADA compliance in jury service.

The Importance of Legal Representation

A defense attorney actively works to protect their client’s best interests during selection. The attorney will do their best to ensure the jury selected will be fair, impartial, and free of bias. They will analyze juror demographics, personal backgrounds, and social tendencies. In addition, they consider factors like education level, profession, and past experiences to assess how a juror may react to case evidence.

During selection, the defense attorney will challenge the prosecutor’s attempt to choose jurors who would feel negatively toward the defendant. The defense attorney will use the voir dire questioning method to uncover hidden prejudices. If a potential conflict of interest is uncovered, the lawyer will question the juror further. If a juror is determined to have a possible bias, the attorney will leverage peremptory challenges and for-cause strikes to remove them. In another role, the defense attorney monitors the prosecutor’s actions to prevent them from unconstitutional jury selection tactics, such as striking a potential juror based on race.

Having an attorney participate in the jury selection process is crucial because it can reduce the risk of a mistrial or appeal. An improperly conducted jury selection process increases the risk of the verdict being appealed and overturned, which can lead to a retrial, requiring the defendant to go through the entire legal process a second time.

A defense attorney understands the voir dire process and knows how to carefully frame their questions to uncover truths without alienating the potential juror. They look for subtle body language, word choices, and hesitation that indicate hidden prejudice.

Find Legal Help

The jury selection process is critical in upholding justice and balancing fairness with legal strategy. While courts aim to assemble unbiased juries, the complexities of voir dire and peremptory challenges make legal representation essential. Understanding how juries are selected can help plaintiffs and defendants appreciate the importance of this legal safeguard.

Whether you’re involved in a criminal or civil case, having a knowledgeable attorney can ensure that your trial starts with a fair and impartial jury. If you need expert legal advice on jury selection or trial strategy, browse Super Lawyers’ attorney listings to find a skilled advocate. They will file preemptory and for-cause challenges to remove potentially unfavorable jurors.

Visit the Super Lawyers directory to begin your search for an experienced attorney.