Discuss the role of voir dire and challenges used in jury selection. Be sure to provide examples

Question

What will be an ideal response?

Answer 1

Potential jurors will be questioned about their knowledge of the case, ability to be fair, relationships with the defendant, and any other matters that may reflect on their willingness and ability to judge the case fairly and impartially. This questioning process is called voir dire. During voir dire, the defense attorney and the prosecutor will attempt to educate the jury on points favorable to their side. Potential jurors who cannot be fair are stricken by challenges for cause. Both attorneys also have a limited number of peremptory challenges. When using peremptory challenges, lawyers do not have to provide reasons for the elimination of potential jurors. While they do not have to provide reasons, the U.S. Supreme Court has ruled that lawyers may not strike a potential juror based solely on that person's race or gender. If a prosecutor continues to strike black jurors off the panel, the defense may make a Brady challenge and request a hearing where the prosecutor must show that s/he is not striking the potential jurors based solely on race. The judge will then decide whether the Brady motion should be granted.