Voir Dire: The Jury Selection Process

1. Voir Dire: The Jury Selection Process Mr. Calella Street Law

2. What is it? • Selection process; French for “to tell the truth” • Prospective jurors questioned and challenged for bias • Jurors are not “selected”; challenges are used to eliminate those jurors who are most likely to be prejudiced • Need to have 12 jurors plus substitutes

3. Importance of the Voir Dire • One of the most important aspects of trial • Could last as long as the trial • PURPOSE-to obtain fair & impartial jury • Could be a battle of wits between the attorneys. How so? • It (ideally) is used to achieve a cross-section representation of the community

4. Challenges • Two types • “For Cause” Challenges • If prospective juror exhibits bias; Examples? • Unlimited, but judge must approve • Peremptory Challenges • Any reason at all; Examples? • Not SUPPOSED to for (race, gender, ethnicity), but it probably happens all the time • Limited number (NJ-8 for defendant, 6 for state)

5. How it works? • 12 names called at random and sit in box • Prosecutor or plaintiff’s attorney goes 1st and issues both kinds of challenges • Successfully challenged jurors are replaced and the replacements are then challenged, etc. • Once prosecution/plaintiff is satisfied, the defense issues its challenges, etc. • This goes back and forth until both sides are satisfied or run out of challenges

6. Activity • We will use the same fact pattern we started the class with • Volunteers needed to be attorneys • 2 for Pros. (4 Peremptory; No limit for cause) • 2 for Defense (same as above) • Rest of the class will take on multiple identities of prospective jury members • I will be the Judge

7. Activity (continued) • I will call the juror names at random, and when one of your identities are called you will come sit in the “jury box” • Prosecution will go first until satisfied, then defense, etc. • At end of procedure, we will look at the jury’s make-up as compared to the fact pattern