What Really Happens During Jury Selection in a Criminal Case?
Jury selection is not about finding jurors who “like” the defendant. It is about identifying people who can follow the law, keep an open mind, and hold the prosecution to its burden of proof.
If you have never been through a criminal trial, you may picture jury selection the way it appears on television: lawyers studying a group of people and somehow choosing the twelve jurors they think will favor their side.
That is not really how it works.
In a criminal case, the goal of jury selection is not to find jurors who “like” the defendant. It is to identify people who can honestly listen to the evidence, follow the judge’s instructions, and hold the prosecution to its burden of proof.
That process can have a major impact on the outcome of a trial.
Lawyers Do Not Simply Pick the Jury
The process is called voir dire. A group of potential jurors is brought into the courtroom and questioned by the judge and, depending on the court, the attorneys.
The questions may cover prior experiences with law enforcement or the court system, whether a juror has been the victim of a crime, relationships with police officers or prosecutors, opinions about particular charges, the presumption of innocence, and the prosecution’s burden to prove guilt beyond a reasonable doubt.
The defense is trying to learn whether each person can truly begin the case with an open mind. That is sometimes harder than it sounds.
Bias Is Not Always Obvious
Most people want to believe they are fair. A potential juror may sincerely say, “I can be impartial,” while also holding beliefs that could make it difficult to apply the law fairly.
For example, what does that person think when hearing the phrase reasonable doubt? Does the person believe someone who has been arrested is probably guilty? Would the juror expect a defendant to testify even after being instructed that the defendant has an absolute right not to do so?
Those answers matter. Experienced trial lawyers also pay attention to how jurors answer — not simply the words they use. Hesitation, body language, facial expressions, and inconsistencies can sometimes reveal concerns that require more questions.
Why Does Jury Selection Take So Long?
People who have served on jury duty sometimes wonder why attorneys ask so many questions. The reason is simple: once the trial begins, those jurors may be deciding another person’s freedom.
Taking additional time before trial to identify bias can be much more important than rushing through the process. Lawyers may challenge certain potential jurors for cause when there is a legal reason they should not serve. Each side also generally has a limited number of other strikes that may be exercised subject to constitutional restrictions.
The result is not necessarily a “perfect” jury. The goal is a fair jury.
Why Experience in Jury Selection Matters
Every criminal case is different. A jury that may be appropriate for one case could present serious concerns in another.
Effective jury selection begins long before anyone enters the courtroom. The lawyer must understand the case, identify the difficult issues, anticipate possible biases, and know which questions may encourage potential jurors to talk honestly.
When your freedom is at stake, jury selection is not a formality. It is part of the defense.
Michael P. Hanle is a partner at Jaffe, Hanle, Whisonant & Knight, P.C. His practice includes criminal defense in Alabama state and federal courts.
This article is provided for general informational purposes only and is not legal advice. Every criminal case is different, and past results do not guarantee a particular outcome.
For more information, contact an experienced Birmingham criminal defense attorney at Jaffe, Hanle, Whisonant & Knight, P.C. for a free consultation.
We proudly serve clients in Birmingham and all throughout Alabama.
Jaffe, Hanle, Whisonant & Knight, P.C.
2320 Arlington Ave S, Suite 100, Birmingham, AL 35205
(205) 930-9800