The Fifth Amendment Of The Constitution

1009 WordsNov 12, 20165 Pages
The sixth amendment of the constitution guarantees a criminal defendant trial by an impartial jury of their peers. Jury selection is a little more complex than sending out jury duty notices and going to trial, it has its own process to ensure all is fair. The Jury is a pertinent part of the judicial process and a key piece to upholding justice. Juries are selected from the general population; they are to be a representation of the people from that area. In trials with a jury, the first step is the selection of jurors. The jury selection process starts with something called voir dire, which is Latin for “to speak the truth”. Voir dire is where either the lawyers or the judge ask potential jurors questions about matters deemed to be significant to the trial. The judge may be asked to dismiss a juror for cause by the lawyer if incompetence or likely bias has been proven. (Baum, 2013) For example, a juror can be dismissed for cause if he or she is related to anyone involved in the case including the defendant or a lawyer, or if a company that is part of the lawsuit employs him or her. Each lawyer may request the dismissal of jurors for cause with no limit. (American Bar Association, 2016) Both sides are allowed a limited number of peremptory challenges, which are how a juror can be dismissed without having to show cause. The lawyer is to dismiss because they believe the person to be unable to serve in the best interest of the client not because of race or sex. (American Bar
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