Selecting a jury is an important part of a federal criminal case. These individuals are responsible for deciding guilt so it’s critical to ensure that jurors will be fair and impartial. The selection process is governed by strict rules meant to allow both sides to vet jurors and eliminate any who may be biased.
The first step is for the court clerk’s office to “summon a venire.” Essentially, the clerk randomly selects jurors to receive a summons for jury duty, then a smaller pool is chosen as the pool for a specific case. The size of the pool is discussed with the parties. Depending on the nature or complexity of the case, a bigger or smaller pool may be desired.
The potential jurors are asked questions in a process known as voir dire. The purpose of the examination is to determine if the individuals would be suitable as jurors and be fair and impartial. They may be asked whether they know anything about the case or have a personal interest in it; are related to or acquainted with the lawyers, defendant(s), judge, or witnesses; or have any prejudices or feelings that may influence their decision. During this process, the federal judge will also determine if anyone should be excused from service.
The judge conducts the examination. Typically, there is a standard list of questions. However, the attorneys may wish to add other ones. The judge may add these to the list and ask the jurors or may allow the attorneys to directly ask jurors their questions.
In some high-profile or lengthy cases, a juror questionnaire may be sent to potential jurors in advance to fill out. The responses go to the judge and attorneys to use in the voir dire.
If either attorney believes that the examination shows the juror may be prejudiced, the attorney can challenge the juror for cause. The judge decides whether the cause is sufficient to excuse the individual. Both sides have unlimited challenges for cause.
Each side also has a set number of peremptory challenges, which allows them to eliminate a potential juror without cause for any reason. The exception to this is they cannot use a peremptory challenge to exclude a potential juror based on race, ethnicity, or sex.
The government has six peremptory challenges. The defendant has ten. The parties may get additional ones at the judge’s discretion if multiple defendants are being tried together.
If alternate jurors are chosen, both sides get extra peremptory challenges. They continue to have unlimited challenges for cause.
If you are being accused of a crime, having an attorney skilled at questioning and evaluating potential jurors is a must. An experienced attorney also knows how to effectively challenge jurors who may be biased. This can mean the difference between a guilty verdict and acquittal.