How do prosecutors and defense lawyers choose a jury in criminal defense law?
In criminal defense law in Washington, a jury is chosen through a process known as voir dire. During voir dire, both the prosecutor and defense lawyer have the opportunity to question potential jurors to determine if they are fit to serve on the jury. The purpose of voir dire is to establish impartiality and to uncover any biases a potential juror may have. The prosecutor and defense lawyer can ask potential jurors questions about their life, jobs, education, and views on the case. They want to eliminate those with preconceived opinions about the case. Additionally, potential jurors can be brought in for a more extensive questioning in a process known as “in depth voir dire.” The prosecutor and defense lawyer also may employ a process known as “challenges for cause.” This is when one side challenges another potential juror for good reason and can be made for a variety of reasons, such as if the potential juror is related to someone involved in the case. The defense lawyer also can use a “peremptory challenge” on potential jurors he or she feels have bias against the defendant. However, the judge will usually only grant a few of these challenges. Once the jury is selected, they will hear the case and determine the fate of the defendant. It is important that the jury is impartial and unbiased and that they understand the case. Voir dire is the process used to ensure this.
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