Jury Selection

Jury Selection

Jury Selection

Jury selection begins with a venire summoned from the community. Prospective jurors are questioned through voir dire, and counsel exercise challenges for cause and a limited number of peremptory strikes.

Methods vary between the struck jury approach, where strikes are exercised against a full panel, and sequential systems replacing struck jurors as they are removed.

Alternative Names:

Jury Empanelment, Selecting a Jury

Why it Matters?

Selection is deselection: counsel cannot choose favorable jurors, only remove unfavorable ones within a limited number of strikes. That makes identifying the most dangerous jurors more valuable than identifying the best ones. In defense practice the recurring targets are jurors with personal experiences mirroring the plaintiff's and those expressing generalized distrust of corporations or insurers.

Frequently Confused with

Frequently asked questions

How many peremptory challenges does each side get?

How many peremptory challenges does each side get?

It varies by jurisdiction and case type. Federal civil cases typically allow three per side, while state practice differs considerably.

Can counsel select favorable jurors?

Can counsel select favorable jurors?

No. Counsel can only remove jurors through challenges, so the exercise is identifying and striking the most unfavorable rather than selecting the best.