Also known as: prospective jurors · potential juror · venireperson
Written by attorneys · grounded in primary & secondary sources — see below
A person summoned to court and subjected to questioning during voir dire to determine suitability for service on a petit jury. The examination process allows the court or counsel to identify bias or other grounds for excusal before the jury is empaneled.
In a federal criminal trial, the judge questioned the panel of summoned individuals personally in chambers. After the judge finished, defense counsel requested permission to ask follow-up questions of one prospective juror who had disclosed a family connection to the charged conduct. The court denied the request outright.
During a high-profile civil trial, counsel for the defendant approached a prospective juror in the courthouse hallway and offered information about the case outside the presence of opposing counsel or the court. The prospective juror reported the contact to the judge the next morning.
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In a federal negligence action, the judge examined the venire and then permitted counsel to pose additional questions. Patricia Patel, a prospective juror, revealed prior employment at a similar facility, prompting further inquiry into possible bias against the defendant corporation.
After conviction, a juror came forward with evidence that another seated juror had expressed racial animus toward the defendant during deliberations. The disclosure prompted review of whether bias had gone undetected when the individual was still a prospective juror during voir dire.
The prosecutor used peremptory challenges to remove every prospective juror of the defendant's race from the panel. Defense counsel objected, citing statistical disparity and lack of race-neutral explanations tied to the individual prospective jurors.
During voir dire in a capital murder prosecution, four prospective jurors stated they could never impose the death penalty under any circumstances. The court excused each for cause after confirming their views would prevent them from following the law.
Yes. Federal rules require that once the court examines prospective jurors, the attorneys must be permitted either to ask further proper questions or to submit such questions for the court to ask.
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Yes. Model Rule 3.5(a) prohibits seeking to influence a prospective juror by means prohibited by law, and ex parte communications during the proceeding are separately barred unless authorized.
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A prospective juror may be removed for cause only if the juror's views would prevent or substantially impair the performance of duties in accordance with the instructions and oath. Automatic exclusion of all who express any doubt is improper.
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No. The public and press enjoy a First Amendment right of access to voir dire. Closure requires case-specific findings of a compelling interest and consideration of reasonable alternatives.
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Due process requires such questioning when racial prejudice is inextricably bound up with the case. In noncapital cases the mere fact of interracial crime is insufficient, but capital cases involving interracial crime trigger a right to inquire.
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…not require the prosecutor to respond at all. If he does, the prosecutor, who in most cases has had a chance to voir dire the prospective jurors, will have an opportunity to give trial-related reasons for his strikes — some satisfactory ground other than the belief that black jurors should not be allowed to judge a black…