Also known as: jury selections · selecting a jury · jury-selection · voir dire
Written by attorneys · grounded in primary & secondary sources — see below
The process of questioning prospective jurors and exercising challenges to assemble an impartial panel for trial. Equal protection prohibits peremptory strikes based solely on race or gender. A prima facie showing of discriminatory pattern shifts the burden to the striking party to offer a neutral explanation, after which the court determines whether purposeful discrimination occurred.
Jose Jimenez stood trial on burglary charges. The prosecutor used peremptory challenges to remove all four Black venire members. Defense counsel made a prima facie showing of a racial pattern. The prosecutor offered only that the struck jurors lived in high-crime neighborhoods. The trial court found the explanation pretextual and sustained the objection.
Jada Jones sued her employer for sex discrimination. The defense used nine of ten peremptories against women, explaining that women would over-identify with the plaintiff. The court found the explanation rested on gender alone. It disallowed the strikes and ordered a new panel.
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Jacob Jennings sued a private company for breach. The defendant's lawyer struck nearly all Black venire members. The court ruled that jury selection constitutes state action because it occurs under judicial supervision. It therefore applied equal protection and rejected the racially motivated strikes.
Jerome Jackson faced conspiracy charges. During jury selection a prospective juror revealed prior knowledge of a government informant. Counsel used a peremptory strike after the court denied a for-cause challenge. The panel was seated without the informant issue tainting deliberations.
Joanna Jung was convicted after a lengthy trial. Post-verdict affidavits alleged that two jurors had been intoxicated during deliberations. The court refused to reopen jury selection issues because the claims arose after the verdict and lacked an extremely strong showing of incompetence.
Justin Jarvis moved to suppress a confession before trial. During jury selection the court allowed limited inquiry into whether prospective jurors could follow instructions on voluntariness. The panel was seated after the judge found the confession admissible and instructed the jury accordingly.
The objecting party must first make a prima facie showing of discrimination based on race or gender. The striking party then must articulate a neutral explanation. The court determines whether purposeful discrimination has been proven.
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Yes. Private litigants exercise peremptory challenges under court supervision, which constitutes state action. Discriminatory strikes on the basis of race or gender therefore violate equal protection in civil trials as well as criminal ones.
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No. Explanations resting on gender stereotypes are not race-neutral or gender-neutral. The court must reject such justifications and sustain the objection when the explanation confirms that sex was the basis for the strikes.
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…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…