I'm assuming it's a State case - in Federal Court the Judge does it. In other cases the attorneys question members of a jury "pool." They ask them questions in a (vain) attempt to determine if the potential juror has any biases which would predispose them in a certain way. (It's been proven that most jurors have made up their minds before they walk in the Courthouse door - and certainly after opening statements.)
There are different numbers(?) of jurors depending on the type of case. I think in Florida they go with 6 on a civil case and less than 12 on some criminal matters - even felonies where most states remain at 12. Depending on how long the judge thinks the case will last - several alternates will also be chosen.
Each side has a set number of peremptory challenges, i.e. "I have a funny feeling about this guy." They also can challenge a juror for "cause." This means the juror is so outrageously biased that he can't be used. This amount is unlimited.
Big problem in Florida is your pool. Not so much in Collier County - but elsewhere you wind up with upper-middle class elderly white folks. Collier isn't as wealthy as some counties so the pool might be more representative of the actual permanent population.
If a person is going to trial - especially in Florida - it doesn't look good from the start. They are almost always assumed to be guilty and simply didn't get a good enough "deal." (or weren't offered one at all.)
Good luck! (I think)
p.s. Go out and rent "12 Angry Men." The original with Henry Fonda. Shows you what CAN happen in deliberations. Excellent film.
2006-09-28 03:16:43
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answer #1
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answered by 34th B.G. - USAAF 7
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Voir Dire: Creating the Jury
When people respond to a jury summons, they gather at the court house to form a pool of potential jurors from which they are called in groups for specific criminal or civil trials. There they are questioned by attorneys for each side and/or the trial judge about their background, life experiences, and opinions to determine whether they can weigh the evidence fairly and objectively. This process is called voir dire, an Anglo-French term meaning "to speak the truth."
Through voir dire, an attorney can challenge a prospective juror "for cause" if that person says or otherwise expresses a bias against the attorney's case. Each attorney can also exercise a limited number of "peremptory" challenges for which no reason is required. Those individuals who are accepted by both attorneys [or the trial judge, if the judge conducts the voir dire] are impaneled and sworn in as the jury.
Traditionally, American attorneys have had much latitude in conducting voir dire. The power to challenge-and the discretion to use it-is very important in our adversary system of justice; each attorney works for a jury most sympathetic to their side. Like all powers, this one has been subject to misuse and even abuse. As American society has evolved, so too has voir dire.
This section of "The American Jury" includes background, lessons, and classroom resources about voir dire and how it has been used, its strengths and limitations, and changes that have been made or proposed to make it serve the Constitution's mandate of an "impartial jury." Related information can be found on A Jury of One's Peers.
2006-09-28 10:03:34
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answer #2
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answered by Anonymous
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You are selected from a pool of jurors. It depends on the case. Both sides will try and pick a jury that they believe will be sympathetic to their side. This is done the same way all over America by the way.
2006-09-28 09:56:04
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answer #3
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answered by Anonymous
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60 people go into a jury pool and are asked certain questions by the judge and after a while the first fourteen in line are placed in the jury box and the rest are let go.
2006-09-28 10:00:52
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answer #4
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answered by LORD Z 7
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its a random choosing of people from a group of all aged adults. The members of the jury are required to have committed no crime of any sort.
2006-09-28 11:42:27
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answer #5
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answered by yab_007 3
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