I think the voir dire was very helpful in this particular case. The judge believed that many jurors were lying just to be a part of the case and even insisted on having the potential jurors take a polygraph test. One of the lawyers thought that this might be offensive to some so they chose not to. Having OJ Simpson within reach during the voir dire was really helpful because that way the lawyers can judge how a person will act or behave during the trial. The lawyers quickly found out that African American women didn’t like Nicole Brown-Simpson because they thought she was using her husband for money and
The sixth amendment to the U.S constitution guarantees a defendant in a criminal prosecution the right to a speedy, public, and impartial trial by jury. Once it has determined that the trial will be by jury, the next step in the criminal proceeding is the selection of the jurors. During this process possible jurors receive a summons in the mall ordering them to appear in court at a specified time and date the people who are summoned comprise the venire (the prospective jurors for cases). Voir dire Latin term meaning to speak the truth, this is an examination conducted by the courts or by the attorneys of a potential juror or witness to determine if they would be proficient or qualified for services. Jurors’ questionnaires reveals information disqualifying them from jury service is only the first step in the jury selection process. Typical questions relate to whether prospective jurors know the defendant, the attorneys, or any of the witnesses, whether they have read or heard about the case in the media, and whether they have racial, nationality, or gender biases. Effective voir dire is getting the prospective jurors to tell the court or attorneys what they need to know( Ferdico, J 2005).
The first phase of a criminal jury trial is focused on selecting specific jurors, which is accomplished through a process referred to as 'voir dire' which is a screening of potential jurors. In the criminal trial involving an offense categorized as a felony "12 jurors and up to six alternate jurors may be chosen." (3rd Judicial District, ) Voir dire of the jury involves the prosecuting and defense attorneys questioning the potential jurors and
During jury selection, potential jurors are interviewed then chosen or eliminated from the jury. The initial selection of potential jurors is completely random; citizens get “jury Duty” notices on a random basis. The screening of the jury selection is conducted by both the prosecution and the defense, and is overviewed by the judge on the case. During the interview, citizens are asked a number of strategic questions to ensure that they are not in any way bias for or against the defendant or case. The questions also eliminate those who have any connection to the case, in any way. It is during this interview that the lawyers on the case can voice their concerns regarding biased jurors.
Often, forty or fifty people will be summoned for a 12 person jury. The process of selecting who will make up the jury is called voir dire, which involves getting rid of potential jurors who would not be fair or impartial. Prosecutors and defense attorneys can strike for cause a potential juror for several reasons, such as bias or prejudice, an unlimited number of times. They also have a limited number of peremptory challenges, which allows them to get rid of a juror without needing to have a valid reason to do so. Once all challenges the attorneys can utilize have been exhausted, the judge will assemble the petit jury and will generally select alternate jurors as
Also prior to the trial, a jury of 6 to 12 people must be selected. Each jury member must go through a screening process to ensure that they have no connection to the trial, or any preconceived opinion of it that could keep them from being impartial to either side. A juror can be removed if they have any connection to the trial, and the defense
Every second, there are millions of lawsuits taking places in the United States. There is a question that always needed to be asked: is it a fair trial? The answer depends on all kinds of variables, such as race, education, poverty, age, gender and so on. A jury selection always needs to consider and assess different variables. In addition, in a jury selection, the lawyers and the judge need to eliminate different bias in order to proceed with a fair trail. In the legal system, a jury selection is also referred as voir dire process, which originally translated to an oath taken by jurors to tell the truth. According to the Sixth Amendment, the Constitution provides the defendant in a criminal trial with the right to “ an impartial jury” (Benforado
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
Jury selection beings with a summons being sent out to all eligible adults. These summons, in Canada, are sent out randomly in order to obtain representativeness amongst the jury members (Friedland, 1990). While this seems to be the best way of obtaining impartial jurors, it sometimes ends up creating other problems through-out the trial. The Crown and defense try to avoid problems, such as bias, impartiality, pre-trial publicity, and polarization, during jury
To properly follow due process, an unbiased jury, resistant to influences outside of the court, is necessary. With the advancement of communication, courts must insure that juror bias is never used against the accused in a court of law. Though there is nothing that restricts the media from reporting events in the court, the judge should continue the trial until the threat of bias shows. If too much bias shows the case shall be sent to another county that received less publicity of the
Several pairs of eyes trail the prosecutor as he puts forth his reasons as to why the defendant should be guilty. Several pairs of ears listen intently in a trance like mode, also cautious of every detail. The prosecutor presents the facts with great gusto, painting a picture of the defendant in a bad light. Once he is done, the defendant’s lawyer takes the stage and he too, with great effort, puts forth reasons as to why his client is innocent. In the end, when everything is said and done and it time for the verdict, only one voice answers to the court clerk out of the 12 men and women. These 12 people are the jurymen and they play an equally important role as the lawyers and judges of a court trial. In fact, a jury is the sole decider, based
Even though a little more of felony convictions are handled by juries, some attorneys perspectives encourage a trial by jury, arguments can be made in favor for jury trials that reinforce the risk for a negative outcome is low. Jury trial practices have evolved depending on the state, some states permit “jurors to take notes) (308) “Other practices, such as providing at least one written copy of instruction and providing guidance on conducting deliberations, are also common in state courts.”(308-309. To minimize the risk of bias interpretation of judgment upon the alleged crime, attorneys try to play toward the juror’s conscience. If they are fully aware of what their findings mean to the defendant and they do not consider all facts by the
The role of the jury is to decide whether or not the accused is guilty or not. They have the responsibility of deciding if the relevant facts of the trials are true. The jury consist of 12 members of the public. One juror is selected as a foreman by the jury before the case starts. They then act as an informal chairperson and spokesman for the jury.