Voir Dire - Jury Selection

If a defendant in a suit chooses a trial by jury, your role begins in voir dire, which is the selection of jurors. Under Pennsylvania law, 12 jurors are picked to decide a criminal case, unless the parties agree to a smaller number. Alternate jurors may be chosen to serve with and as part of the jury to avoid unnecessary delays or expenses in the event of the incapacity of a juror. In a civil case, a jury may consist of as few as eight jurors, depending upon the procedures followed in each case.

Jurors are again randomly picked by a computer to serve on the panel. Jurors are sent to a courtroom in panels of about 30 to 45 persons, sometimes more if it is a criminal case. The jurors are asked to sit in the body of the courtroom, or sometimes arranged in the jury box, in the alternate seats and the front row; but no matter where you sit, the voir dire, or striking of jurors, will then begin.

The Court Clerk has a master list of every name on the panel of jurors in the courtroom, and a copy of that list is given to each lawyer, District Attorney and defense attorney in a criminal case and the plaintiff's attorney and the defendant's attorney in a civil case.

The Judge will give you the names of the parties and their attorneys and will briefly summarize the nature of the case. This is the first information the jury receives concerning the case, which is not evidence, of course, but is given to you merely as background. The Judge will then ask you, as a group, certain questions before the striking begins. In some special cases, jurors may be questioned individually, as they usually are in capital cases.

These questions may seem quite personal. However, this examination is not meant to embarrass you or reflect upon your character or intelligence. Rather, the purpose is to find out if you have any views which might improperly influence you as a juror. Remember the proper selection of the jury is dependent upon the candidness of your responses.