Also known as: empanelment · impanelment of jury · impanelment · empaneling a jury · empanelled jury · jury selection · jury impanelment
Written by attorneys · grounded in primary & secondary sources — see below
The process by which a court selects and swears in a panel of jurors to hear and decide a case. Prospective jurors undergo questioning during voir dire to identify bias. Peremptory challenges and challenges for cause shape the final panel.
Select any source to read its text and confirm it supports the definition.
Eileen Epstein stood trial on criminal charges. The prosecutor used peremptory challenges to remove all Black prospective jurors from the venire. Defense counsel made a prima facie showing of racial discrimination. The trial court required the prosecutor to provide a race-neutral explanation before the jury was empaneled.
Elijah Edwards faced federal criminal charges. The court conducted jury selection without Edwards present in the courtroom. His counsel objected that the defendant must attend every stage including empanelment. The judge halted proceedings until Edwards could appear before swearing the panel.
Emma Erickson sued her former employer in a civil rights action. Defense counsel exercised peremptory challenges to remove all female prospective jurors. The court sustained the plaintiff's objection that the strikes rested solely on gender. The empaneled jury included both men and women after the improper strikes were disallowed.
Esther Eisenberg sued Edgewater Capital in federal court for breach of contract. The company's counsel used peremptory challenges to exclude Black prospective jurors. The court treated the strikes as state action subject to equal protection review. The empaneled jury reflected the prohibition on racially discriminatory challenges by private parties.
Ethan Evans elected to represent himself at trial. The court permitted Evans to participate directly in questioning the venire and exercising challenges. After the empaneled jury was sworn, Evans confirmed he had knowingly waived counsel. The process preserved his right to control jury selection.
Ewan Eckhart was convicted by a jury that later faced allegations of racial animus. A juror affidavit revealed statements made during deliberations. The court allowed inquiry into whether bias infected the empaneled jury despite the general no-impeachment rule. The verdict was vacated after the showing of racial prejudice.
A defendant must be present at every trial stage including jury impanelment and the return of the verdict. The rule requires the defendant's attendance unless a specific exception applies. Courts halt selection proceedings when the defendant is absent to avoid reversible error.
Supporting sources
The Equal Protection Clause prohibits peremptory challenges exercised on the basis of race. A defendant establishes a prima facie case by showing a pattern of strikes against jurors of one race. The burden then shifts to the striking party to offer a race-neutral explanation that the court evaluates for purposeful discrimination.
…was indicted in Kentucky state court on charges of second-degree burglary and receipt of stolen goods. During jury selection at his trial, the judge conducted voir dire and excused certain jurors for cause. The prosecutor then used peremptory challenges to strike all four black persons on the venire, and a jury…
…Hernandez v. Texas , 347 U. S. 475 (1954); Castaneda v. Partida , 430 U. S. 482 (1977). To guard against discrimination in jury selection, the Court has ruled that no litigant may exclude a prospective juror on the basis of race. Batson v. Kentucky , 476 U. S. 79 (1986); Edmonson v. Leesville Concrete Co. , 500 U. S. 614…
…grounds, including the alleged ineffectiveness of his trial counsel. Among other errors, Hale alleged that his lawyer botched jury selection
…Honor, and the Civil Code. "THE COURT: If you have done extensive research into it, then tell me about it. "THE DEFENDANT: On empaneling a jury
…and, if so, whether it created a substantial likelihood of a miscarriage of justice. Wright , 411 Mass. at 681. During jury selection
Supporting sources
Private litigants exercise peremptory challenges subject to equal protection constraints because jury selection is a traditional public function performed with court participation. Racially discriminatory strikes by private parties constitute state action. Courts disallow such strikes to prevent violation of the Equal Protection Clause.
Supporting sources
Peremptory challenges based solely on gender violate the Equal Protection Clause. Attorneys may not strike jurors simply because of their sex. Courts sustain objections to gender-based strikes and require the empaneled jury to reflect nondiscriminatory selection.
Supporting sources
Voir dire allows the court and parties to question prospective jurors to uncover bias. The court may conduct the examination itself but must permit further inquiry the court considers proper. Effective voir dire ensures the final empaneled jury can decide the case impartially.
Supporting sources