How do prosecutors and defense lawyers choose a jury in criminal defense law?
In South Carolina, prosecutors and defense lawyers choose jurors for a criminal trial in a process called voir dire. Voir dire is a French term meaning “to speak the truth.” During voir dire, jurors are questioned about their backgrounds, beliefs, and opinions to determine if they are impartial. After a juror has been selected, he or she is sworn in to serve on the case. Prosecutors and defense lawyers begin voir dire by questioning potential jurors about their personal backgrounds, their views on the law, and any biases they may have. After these questions are asked, the lawyers may ask if the jurors can consider evidence presented in court and remain impartial. Some jurors may be excused based on their answers or by a challenge for cause, which requires the juror to be removed from consideration due to bias. The lawyers then exercise peremptory challenges to dismiss potential jurors. Peremptory challenges allow lawyers to dismiss a potential juror without giving a reason. After the potential jurors have been questioned and the process of exclusion has been completed, the trial judge will swear in the remaining jurors to serve on the case. The selection of a jury is an essential part of the criminal justice process in South Carolina. Through the process of voir dire, prosecutors and defense lawyers can ensure that the jury is impartial and can fairly decide the case.
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