What is the process of jury selection for criminal cases?
In Florida, jury selection for criminal cases follows a process called voir dire, which is a Latin phrase meaning “to speak the truth.” During voir dire potential jurors are asked a series of questions by the judge or counsel to determine whether or not they are able to be unbiased and serve on the jury. This process can last for a few hours up to several days depending on the complexity of the case. The process starts with a jury pool that is randomly selected from voter registration records and driver’s licenses. The pool is then cut down to a smaller group of potential jurors, who are called into the court to answer a questionnaire or have a face-to-face interview. During this phase the judge and counsel will ask questions to determine if the potential juror has any biases or opinion about the case. In addition to questioning, the judge and counsel may also ask for challenges to be raised. There are three types of challenges: challenges for cause, peremptory challenges, and preemptory challenges with cause. A challenge for cause means it is likely that the juror has some bias or knowledge of the case that would impede their ability to make an impartial ruling. A peremptory challenge can be made without cause and is usually exercised by the defense or prosecution if they feel a particular juror would not make a fair ruling. A preemptory challenge with cause is similar to a challenge for cause but it must provide a legal reason for the challenge. Once all the questioning and challenges are complete the judge will select the jurors who will serve on the case. The selected jurors must then swear an oath to be impartial and truthful before the trial can begin.
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