What happens at jury selection (voir dire)

Most of a juror's first day is waiting, then a short, structured conversation in a courtroom called voir dire (usually said "vwahr deer"). Knowing the steps takes most of the stress out of it.

The assembly room

Colorado's judicial branch describes a typical day. After going through security screening, you're directed to a jury assembly room. Staff answer questions, and a video explains what happens during a trial. A judge may come in to thank everyone for serving. Court staff then call out numbers like the one printed on your summons. If yours is called, your group goes to a courtroom for jury selection.

Voir dire

The federal Handbook for Trial Jurors explains that a panel of prospective jurors is brought into the courtroom and sworn to answer questions about their qualifications to sit on the case. The judge conducts the questioning, sometimes with the lawyers taking part.

It usually opens with a short statement about the case and who the parties and lawyers are. Questions then look for anything that could affect your impartiality. Do you have a personal interest in the case? Do you know the parties, lawyers, or witnesses? Do you have feelings or experiences that might influence your verdict? If you know something about the case, tell the judge.

The handbook warns that a deliberately untruthful answer to any fair question could lead to serious punishment. You can usually ask to answer a sensitive question privately, at the bench.

Challenges

Either side may ask that a panel member be excused from that particular jury. These requests are called challenges. Some are "for cause," based on a specific reason the person might not be impartial. Others are "peremptory," a limited number each side can use without giving a reason, within limits set by law. Being excused this way says nothing bad about you. It just means the lawyers or judge thought another juror was a better fit for that case.

How big is a jury?

The U.S. Courts say federal trial juries have 6 to 12 people. In criminal trials, alternate jurors may also be chosen to step in if someone becomes ill. State jury sizes vary by the type of case.

If you're selected

You'll take an oath, and the judge will give instructions about your conduct. Typically you can't discuss the case with anyone, including other jurors until deliberations, and you can't research it. The handbook explains the stages of a trial, from opening statements to the judge's charge to the jury and the verdict.

If you're not selected

You may go back to the assembly room for another panel, or be released. Many courts consider your service complete at that point. Ask for a certificate of attendance for your employer before you leave. See what to bring to jury duty.

Challenges for cause vs. peremptory challenges

Lawyers can remove prospective jurors in two ways:

• Challenges for cause remove someone who might be prejudiced, for example because they know a party or have a fixed opinion about the case. The federal trial juror handbook says there is no limit to the number of challenges for cause either side can make. The judge decides whether the cause is sufficient.
• Peremptory challenges remove someone without giving a reason. Their number is limited. The handbook stresses that being removed this way is no reflection on a juror's ability or integrity.

The U.S. Supreme Court has held that peremptory challenges can't be used to exclude jurors because of race or sex.

How many peremptory challenges each side gets (federal)

Case type	Government / plaintiff	Defense
Capital case (death penalty sought)	20	20
Other felony (punishable by more than 1 year)	6	10 (jointly)
Misdemeanor	3	3
Civil case	3	3

The criminal numbers come from Federal Rule of Criminal Procedure 24(b), and the civil number from 28 U.S.C. § 1870. Courts may allow more in cases with several parties. States set their own numbers. In Virginia civil cases, for example, each side removes three names from the list of qualified jurors.

What you'll be asked

Expect questions like these:

• Do you know the parties, lawyers or witnesses?
• Have you or a family member been involved in a similar case?
• Have you read or heard about this case?
• Do you have strong feelings about the kind of case involved?
• Is there any reason you couldn't be fair and impartial?
• Can you serve for the expected length of the trial?

The handbook warns that a deliberately untruthful answer to any fair question can result in serious punishment. If a question is sensitive, you can ask to answer privately at the bench.

The oath

Once selected, jurors are sworn in to try the case. The federal handbook notes that a juror who doesn't wish to take an oath may affirm instead.

Tips for the process

• Listen to all the questions, even ones asked of others. You may be asked to respond later.
• Answer briefly and honestly. There's no "right" answer.
• Raise hardships at the time the judge asks, not after you've been sworn in.
• Don't take removal personally. Lawyers strike jurors for reasons that have nothing to do with competence.

Frequently asked questions

Can I just say I'm biased to get out? Answering falsely to avoid service can be treated as perjury or contempt. Be truthful.

How long does selection take? Anywhere from under an hour to several days, depending on the case.

Key takeaways

• Voir dire is about finding jurors who can be fair, not testing your knowledge.
• Challenges for cause are unlimited, while peremptory challenges are limited and need no reason.
• Answer honestly, and ask to speak privately if a question is sensitive.
• Raise scheduling hardships when the judge asks, before the jury is sworn in.
• Being excused is routine and says nothing about you. Many panel members go home the same day. See how long jury duty lasts.