What is the process for selecting and seating a jury in a criminal trial?
In the United States, the process of selecting and seating a jury in a criminal trial is a crucial part of the judicial system. The Sixth Amendment of the Constitution guarantees the right to an impartial jury, and therefore the jury selection process is designed to ensure that both the prosecution and the defense have an equal opportunity to strike potential jurors who may be biased or have a conflict of interest.
During the jury selection process, potential jurors are typically brought into the courtroom and questioned by both the prosecution and the defense, as well as the judge. This questioning is known as voir dire, and its purpose is to determine if potential jurors can be impartial and fair in their decision-making. The questions may include personal information about the potential juror, such as their occupation, education, and any previous experience with the legal system.
After the voir dire process, the prosecution and defense each have the opportunity to strike a certain number of potential jurors. This is known as peremptory challenge, and it allows each side to remove potential jurors without providing a reason.
Once the final jury has been selected, the judge will provide instructions to the jury regarding their responsibilities and what they are expected to consider during the trial. The jurors will then listen to the evidence presented by both the prosecution and the defense, and ultimately make a decision regarding the guilt or innocence of the defendant.
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