What happens at jury selection (voir dire)

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From the jury assembly room to the courtroom: how voir dire works, what challenges are, and why being sent home isn't a judgment on you.

Most of a juror's first day is waiting, then a short, structured conversation in a courtroom called voir dire (usually said "vwahr deer"). Knowing the steps takes most of the stress out of it.

The assembly room

Colorado's judicial branch describes a typical day. After going through security screening, you're directed to a jury assembly room. Staff answer questions, and a video explains what happens during a trial. A judge may come in to thank everyone for serving. Court staff then call out numbers like the one printed on your summons. If yours is called, your group goes to a courtroom for jury selection.

Voir dire

The federal Handbook for Trial Jurors explains that a panel of prospective jurors is brought into the courtroom and sworn to answer questions about their qualifications to sit on the case. The judge conducts the questioning, sometimes with the lawyers taking part.

It usually opens with a short statement about the case and who the parties and lawyers are. Questions then look for anything that could affect your impartiality. Do you have a personal interest in the case? Do you know the parties, lawyers, or witnesses? Do you have feelings or experiences that might influence your verdict? If you know something about the case, tell the judge.

The handbook warns that a deliberately untruthful answer to any fair question could lead to serious punishment. You can usually ask to answer a sensitive question privately, at the bench.

Challenges

Either side may ask that a panel member be excused from that particular jury. These requests are called challenges. Some are "for cause," based on a specific reason the person might not be impartial. Others are "peremptory," a limited number each side can use without giving a reason, within limits set by law. Being excused this way says nothing bad about you. It just means the lawyers or judge thought another juror was a better fit for that case.

How big is a jury?

The U.S. Courts say federal trial juries have 6 to 12 people. In criminal trials, alternate jurors may also be chosen to step in if someone becomes ill. State jury sizes vary by the type of case.

If you're selected

You'll take an oath, and the judge will give instructions about your conduct. Typically you can't discuss the case with anyone, including other jurors until deliberations, and you can't research it. The handbook explains the stages of a trial, from opening statements to the judge's charge to the jury and the verdict.

If you're not selected

You may go back to the assembly room for another panel, or be released. Many courts consider your service complete at that point. Ask for a certificate of attendance for your employer before you leave. See what to bring to jury duty.

Sources

  1. Handbook for Trial Jurors Serving in the United States District Courts (PDF)
  2. Colorado Judicial Branch, Jury
  3. U.S. Courts, Types of Juries