A trial by jury is part of the very foundation of our justice system. As such, the jury selection process is conducted very carefully, and defendants may have a say in who serves as a juror. If you have been charged with a crime, our attorneys will help you throughout your case, including jury selection.
Jury selection is often short, usually taking as little as one day to complete. However, it is perhaps one of the most important steps in a criminal case, as the jurors will ultimately weigh the evidence and decide the defendant’s fate. While almost anyone can be a juror, your attorney may help you prevent potentially biased jurors from being impaneled. Similarly, the prosecutor may have a say in who is and is not a juror.
Contact our Philadelphia criminal defense lawyers for a free case review by calling Kenny, Burns & McGill at (215) 423-5500.
What is the Jury Selection Process Like in Philadelphia Criminal Court?
The jury selection process is a major part of a criminal trial. The people who serve as jurors may hold your fate in their hands, and your lawyer should help to carefully select jurors for your trial.
When Does Jury Selection Occur?
Jury selection often happens right before a trial is set to begin. In Philadelphia, many criminal trials start very shortly after the final jury is selected. If both sides are ready to go and the court’s schedule allows, some trials begin the same day a jury is selected.
Typically, jury selection happens after a pretrial conference, and it is clear that all other legal options, such as plea agreements, have been exhausted.
Voir Dire
The pretrial process where potential jurors are questioned is called voir dire. During this process, each potential juror in the jury pool may be questioned by the judge presiding over the case. The attorneys handling the case may also ask questions, but the judge leads the questioning.
Essentially, the voir dire process helps determine whether potential jurors can serve on the jury or if there is a reason they likely cannot remain impartial. For example, if the judge and attorneys learn that a potential juror knows the defendant and their family, that juror will be quickly dismissed.
Acceptance or Dismissal
Once a juror is questioned by the judge and the lawyers handling the case, they must either be accepted or dismissed.
If neither lawyer has a reason why a juror cannot be expected to remain impartial, the potential juror will likely be accepted. The questioning process continues, with potential jurors being dismissed or accepted, until 12 jurors and a few alternates have been selected.
Final Jury Panel
The voir dire process usually continues until 12 jurors are selected for the final jury panel. Also, several additional jurors, usually about 2 or 3, are selected as jury alternates.
Can a Criminal Defendant Influence Jury Selection?
A criminal defendant has a say in who serves as a juror. If a potential juror appears unfavorable to the defense or cannot be impartial, the defendant may challenge the juror and have them dismissed.
Peremptory Challenges
Each attorney – the defense and the prosecutor – has a certain number of peremptory challenges they can use to dismiss a potential juror. If the case involves a capital felony, you have 20 peremptory challenges. For cases involving non-capital felonies, each side has 7 peremptory challenges. Misdemeanor cases only allow 5 peremptory challenges.
Peremptory challenges may allow your lawyer to dismiss potential jurors without giving an exact reason why. However, a juror can never be dismissed for discriminatory reasons, such as their race, gender, religion, or ethnicity.
Often, peremptory challenges are used when a lawyer believes that a potential juror would not rule in their favor, but is otherwise eligible to serve.
Challenges for Cause
Challenges for cause are unlimited, and each attorney may use as many as necessary during the voir dire process. These challenges may be used when a potential juror demonstrates a clear bias and cannot be expected to remain impartial.
For example, if a trial involves alleged sexual abuse, and a potential juror says that they were sexually abused in the past, they may have trouble remaining impartial and may be biased against the defendant, subconsciously or otherwise.
Remember, peremptory challenges are unlimited, and our Philadelphia criminal defense attorneys can dismiss as many jurors as necessary if they demonstrate a clear bias.
Batson Challenges
Since each side of the case has a lot of power to challenge jurors and have them dismissed as they see fit, there must be a way that each side can make sure the other is playing fair.
A Batson challenge may arise when one side believes the other has used a peremptory challenge unfairly or in a discriminatory way.
For example, suppose a criminal defendant is black, and the prosecutor is using peremptory challenges to dismiss multiple black jurors. The defendant may use a Batson challenge to argue that the prosecutor appears to be dismissing jurors based on their race, which is illegal.
In such cases, the prosecutor may need to provide a non-discriminatory reason for striking certain jurors.
FAQs About the Jury Selection Process in Philadelphia Criminal Court
How Soon Does the Jury Selection Process Happen in a Philadelphia Criminal Case?
Jury selection usually occurs after all pretrial conferences are complete. It often marks the end of the pretrial phase and the beginning of the trial itself. In many cases, a trial begins very shortly after a jury is selected, often the next day in Philadelphia criminal court.
How Long is the Jury Selection Process in Philadelphia Criminal Court?
The jury selection process is usually not long. In most cases, jury selection takes about a day. In some cases, the process may be very quick, and a jury will be fully selected before the end of the day.
How Are Jurors Selected for a Criminal Case?
Jurors are selected if they are eligible to serve and do not demonstrate any biases toward or against either side of the case. Attorneys may challenge certain jurors if they believe the juror cannot remain impartial, and they will not be selected.
Can You Have Certain Potential Jurors Dismissed?
Yes. Each side of the case has a certain number of peremptory challenges, which may be used to dismiss a potential juror without stating an exact reason. However, the reason must not be discriminatory, like dismissing a juror based on race or gender.
Challenges for cause are unlimited, and they may be used at any time a juror demonstrates a clear bias in the case and cannot remain impartial.
What Happens After the Final Jury is Selected?
After the final jury is selected, the trial may begin. Depending on the situation, the trial might start as soon as the day after jury selection.
Ask Our Philadelphia Criminal Defense Lawyers for Help with Your Case Today
Contact our Montgomery County, PA criminal defense lawyers for a free case review by calling Kenny, Burns & McGill at (215) 423-5500.
