How do prosecutors and defense lawyers choose a jury in criminal defense law?

In Massachusetts, prosecutors and defense lawyers select a jury in criminal defense law in a process called jury selection or “voir dire.” During jury selection, lawyers may ask questions of prospective jurors to find out if they have any biases or preconceived notions about the case. Bias can include racial prejudice, past experiences with law enforcement, or prior knowledge of the case. Lawyers may also ask questions to determine whether or not the juror is a good fit for the case. To choose a jury, each side is given a set number of peremptory challenges. Peremptory challenges allow the defense and prosecution to remove a certain number of potential jurors from the panel with no explanation. There are also challenges for cause which allow a lawyer to remove a juror if they can prove the juror is not impartial. In Massachusetts, a jury typically consists of 12 members. After all jurors have been selected, they are sworn in and asked to listen to the facts of the case and return a verdict. Before the jury retires to deliberate, they’ll receive instructions from the judge on the applicable law as it relates to the case. In summary, the process of jury selection in criminal defense law in Massachusetts involves questioning potential jurors to determine any biases they may hold. Lawyers may then use a combination of challenges for cause and peremptory challenges to select a jury of 12. They are then sworn in and asked to consider the facts of the case and return a verdict.

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