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Voir Dire:
After reporting for jury duty, the juror
will be selected for a jury panel along with other jurors. The jury
panel is sent to the courtroom where the case is being heard. A jury of
six or twelve people will be selected in the courtroom. The judge in the
courtroom will explain the case and introduce the lawyers and other
parties involved.
As part of jury selection, the judge and
the lawyers will then question the jury panel individually to determine
if anyone has knowledge of the case, a personal interest in it, or any
feelings that might make it hard to be impartial. This process is called
"voir dire," a phrase meaning "to speak the truth."
Questions asked during voir dire
may seem personal but should be answered completely
and honestly. The questions are not intended
to embarrass anyone but are used to make sure that members of the jury
do not have opinions or past experiences which might prevent them from
reaching an impartial decision.
Challenges:
During voir dire, the lawyers may ask the
judge to excuse a juror from sitting on the case. This is called
"challenging a juror." There are two types of challenges; a challenge
for cause and a peremptory challenge.
A challenge for cause
means the lawyer has a specific reason for thinking that a juror would
not be able to be impartial. For example, the case may involve driving
under the influence of alcohol. If a juror had been in an accident with
a drunk driver and was still upset about it, the defense attorney could
ask that the juror be excused for that reason. There is no limit to the
number of jurors who may be excused for cause.
Peremptory challenges do
not require the lawyers to state any reason for excusing a juror. In
Cowlitz County, these challenges are done on paper rather than orally so
as not to embarrass the jurors. Peremptory challenges are intended to
allow lawyers for both the prosecution and defense to do their best to
assure that the jury panel is fair and impartial. There usually is a
limit of six for each side in criminal cases and three in civil cases. |
