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When a group
of prospective jurors is selected, more than the number needed for a trial are
called. Once this group has been seated in the courtroom either the Judge or
the attorneys ask questions. This is called voir dire. The purpose of
questions asked during voir dire is to ensure that all of the jurors who
are selected to hear the case will be unbiased, objective and
attentive.
In most
cases, prospective jurors will be asked to raise their hands when a particular
question applies to them. Examples of questions often asked are: Do you know
the Plaintiff, Defendant or the attorneys in this case? Have you been involved
in a case similar to this one yourself? When the answer is yes, the jurors
raising hands may be asked additional questions as the purpose is to guarantee
a fair trial for all parties. When an attorney believes that there is a legal
reason to excuse a juror, he or she will challenge the juror for cause. Unless
both attorneys agree that the juror should be excused, the Judge must either
sustain or override the challenge.
After all
challenges for cause have been ruled upon the attorneys will select the trial
jury from those who remain by exercising peremptory challenges. Unlike
challenges for cause no reason need be given for excusing a juror by peremptory
challenge. Attorneys usually exercise these challenges by taking turns striking
names from a list until both are satisfied with the jurors at the top of the
list or until they use up the number of challenges allowed. Challenged jurors
and any extra jurors will then be excused and asked to return to the jury
selection room
Jurors
should not feel rejected or insulted if they are excused for cause by the Court
or peremptorily challenged by one of the attorneys. The voir dire
process and challenging of jurors is simply our judicial systems way of
guaranteeing both parties to a lawsuit a fair trial. |