How do prosecutors and defense lawyers choose a jury in criminal defense law?
In West Virginia criminal defense law, the process of selecting a jury is known as “voir dire.” During voir dire, attorneys for both the prosecution and the defense will ask a panel of potential jurors questions about their potential biases and determine whether or not they will be fair in the case. Question topics may involve opinions on types of evidence, the defendant, or anything that may influence their decision. The prosecution and defense lawyers will then “peremptorily challenge” potential jurors by dismissing them without giving a reason. During felony trials, the prosecution has six peremptory challenges and the defense has four, while during a misdemeanor trial, both sides have two. Judges may also excuse a juror if they are known to be prejudiced against the case. After the questioning and peremptory challenges, the judge will swear in the jurors and the trial will begin. This process helps ensure that the jury is unbiased for the trial to be fair. It is the responsibility of both the prosecution and defense to ensure jurors are fair and impartial by asking pertinent questions and peremptorily challenging anyone with potential conflicts of interest.
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