Jury Selection in the United States

Jury selection is an art form for litigation attorneys in the US.  The composition of a jury that is sympathetic to a specific party’s side of the story is essential to winning a case.  Which is why the US justice system focuses a lot of time and resources on jury selection.  I mention the US as a whole country because many other justice systems do not emphasize the importance of the jury selection process, known as voir dire.

In England, for example, a judge randomly selects names from a panel of potential jurors.  This composes the jury.  The theory behind this random selection is that it all “evens out” in the end.  The UK Ministry of Justice has held that trying a defendant by individuals selected at random “helps to maintain a justice system that is fair, independent and democratic.”[1]

In the US, on the other hand, jury analysts are often hired to determine whether a certain demographic is more likely to vote one way or another.  A party can spend thousands of dollars on jury research, analyzing whether a certain demographic is more sympathetic to a rape victim, for example, or whether a certain group of people is more critical of law enforcement.

Jury selection is very contrived.  A specific list of questions is created by both sides to pick the jury they prefer from the pool of potential jurors.  Attorneys who are defending against sexual harassment case, for instance, obviously avoid putting individuals on the jury who have themselves been victims of sexual harassment.  Similar, in a case involving police misconduct, the plaintiff would try to avoid selecting retired police officers or individuals who have officers as family members.

In this country, a thoughtful, calculated approach towards jury selection is thought to provide the best way of composing an objective, impartial jury.  This reasoning assumes if both sides seek to weed out potentially unattractive jurors, the jury will eventually balance itself out.  Two fascinating methods used to secure the same result.  This begs the question: which method ultimately paves the way for the truth to be found, and justice to be served?

[1] How is a jury selected?, BBC News (Jan. 14, 2008), available at http://news.bbc.co.uk/2/hi/uk_news/magazine/7180764.stm.