What happens at jury selection? (Part 2)

Last week, we talked about the first stages of jury selection – from getting summoned to the excuses sometimes used to get out of jury duty. This week, we will discuss the next s tage, h ow t he a ctual jury gets picked. Just as a reminder, while this process is very similar in different courts, I am specifically talking about jury selection for felony trials.

After the district judge has qua lif ied t he panel (meaning he has gone through all of the qualifications, exemptions and excuses we discussed last week), it is time for the attorneys to ask questions. The prosecution gets to ask questions first, followed by the defense. There is not a formal time limit set out in the law, but typically the judge likes to limit each side to around an hour.

There are several purposes for attorneys asking questions. One of those purposes is to tell you about the law and find out if you can follow it. If someone cannot follow the law as it is written, then they are not allowed to sit on a jury. Another purpose is to find out if you have any biases that may not make you a good juror for this case. For instance, you or someone close to you may have been a victim of a similar crime, and that affects you so much that it would bias you in the case.

After the law yers are done asking their questions, then potential jurors start getting struck from the panel. Each side gets to use ten strikes, called pre-emptory strikes. These can be used for almost any reason. After each side has used these strikes, then the first twelve people who are left become the jurors for the case.

Thanks for taking the time to read about the jury selection process. As always, I am available for questions or comments at daoffice@milamcounty.org.