Chapter 12 Jury Selection

• Jurisdiction: United States

Chapter 12 Jury Selection

Venire

The venire is the initial panel of jurors called on by a judge in order to start the jury selection process. The Sixth Amendment of the Constitution guarantees a defendant the right to have a jury panel drawn by a fair cross section of the community.

Voir Dire

A procedure where the court and counsel ask potential jurors questions to select a jury.

Challenge for Cause

Cal. Code of Civil Procedure §223 states that in a criminal case, court and counsel are only allowed to ask questions related to a challenge for cause. Challenge for cause means asking questions that could reveal a juror's actual or implied bias on a case. Actual or implied bias means that the state of mind of the juror, in reference to the case or to any of the parties, will prevent the juror from acting fairly and impartially and without prejudice to the substantive rights of any party. Cal. Code of Civil Procedure §225. If a juror reveals an actual bias in the case, an attorney can challenge for cause that juror, and the court must dismiss that juror. A challenge for cause does not use up any of counsel's peremptory challenges.

Peremptory Cause

A peremptory challenge is used when an attorney disqualifies a juror from sitting on a case for implied bias. Implied bias means the attorney feels the juror cannot be fair and impartial to the defendant based on the juror's answers during voir dire.

The number of peremptory challenges each side receives differs for misdemeanor and felony cases. Cal. Code of Civil Procedure §231. In a misdemeanor case, each side gets six peremptory challenges. In a felony case where the punishment is not life in prison, each side gets ten peremptory challenges. In a felony case where the punishment is potential life in prison, each side gets twenty peremptory challenges.

In multiple-defendant misdemeanor cases the defense side gets six joint peremptory challenges to be shared and each individual defendant gets two additional peremptory challenges. The prosecution receives additional challenges equal to the number of all the additional separate challenges allowed the defendants. In a felony case where the punishment is not life in prison, the defense side gets ten joint peremptory challenges to be shared and each individual defendant gets five additional peremptory challenges. The prosecution receives additional challenges equal to the number of all the additional separate challenges allowed the defendants. In a felony case where the...