How do prosecutors and defense lawyers choose a jury in criminal defense law?
In criminal defense law in Washington, both prosecutors and defense lawyers play an important role in choosing a jury. This process is known as voir dire and is the process by which attorneys pick the jury that will hear the case. When an attorney asks potential jurors questions, they are trying to determine which jurors are most likely to be fair and impartial to their case. Alternatively, attorneys may be trying to identify jurors who may have a bias or an opinion on the case. To choose a jury, attorneys will ask potential jurors questions about their backgrounds, prior experiences, and opinions on a variety of topics relevant to the case. During voir dire, attorneys may also point out potential areas of bias that jurors may have. If a potential juror admits to having a bias related to the case, they can be excused from the jury selection process. Attorneys may also use a technique called “challenging” to remove potential jurors if they feel they are not suitable for the jury they are seeking. This allows them to strike potential jurors from the jury without having to explain why. Finally, prosecutors and defense lawyers may use peremptory strikes to remove potential jurors. This means that they can use a predetermined number of strikes to remove potential jurors, without having to explain why they are doing so. By working together, prosecutors and defense lawyers can choose a jury that is fair and impartial and will render a verdict that is consistent with the facts of the case.
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