How do prosecutors and defense lawyers choose a jury in criminal defense law?
In criminal defense law, prosecutors and defense lawyers choose a jury in a process called jury selection. Jury selection in Delaware follows the same general process as other states. First, the court clerk randomly selects a group of potential jurors from a list of individuals in the county. This list typically includes those who have jury duty for the current month. Prospective jurors are then sent questionnaires in the mail to determine their eligibility to serve on a jury. These questionnaires ask questions about the individual’s background, lifestyle, and opinion on various topics. Once the questionnaires have been returned, prosecutors and defense lawyers can begin to choose their jury. Prospective jurors are called in for an individual interview with both the prosecutor and defense lawyer, and they are questioned about their opinions on relevant aspects of the case. After both the prosecutor and defense lawyer question the jury candidates, each side is allowed to use their peremptory challenges. Peremptory challenges allow each side to dismiss a certain number of potential jurors for any reason. Once the jury has been chosen, the trial can begin. In Delaware, the jury must decide if the defendant is guilty beyond a reasonable doubt before a conviction can be made. Jury selection is an important part of this process, as each side works to ensure they have the best jury possible.
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