How do prosecutors and defense lawyers choose a jury in criminal defense law?
In Delaware, the process of selecting a jury for a criminal defense case is known as “voir dire.” This is a process where the judge, attorneys for both sides, and the potential jurors all meet in the courtroom. During this process, both the prosecutor and defense lawyer can ask questions of the potential jurors, and can also object to certain jurors if they feel they are not suitable for the case. The defense lawyer will typically ask potential jurors questions that will determine whether they can remain impartial in the case. Questions may include whether they have knowledge of the case or the persons involved, if they have any bias in favor of the prosecution or defense, or if they have any personal experiences that could influence their decision in the case. The defense lawyer may also challenge potential jurors if they believe they cannot be impartial. The prosecutor will typically ask questions to determine if the potential jurors will be willing to follow the law and instructions given to them by the judge. They may also ask questions to ensure that the jurors understand the gravity of the situation and will be willing to make a verdict based on evidence presented in court. The judge will ultimately make the final decision of who is selected to serve on the jury. The judge will look at the answers given to the questions and decide which jurors are best suited to preside over the case in a fair and impartial manner.
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