Jury Selection and Voir Dire in Philadelphia Criminal Trials

Jury Selection and Voir Dire: What to Expect as a Juror in a Philadelphia Criminal Trial

What is Voir Dire?

Voir dire refers to the questioning of potential jurors before they are selected to serve on a jury. It comes from the French expression “to see, to say” meaning “to speak the truth.”

The purpose is for the judge and attorneys to determine if there is any bias, conflicts of interest or other reasons why someone cannot serve as an impartial juror on that particular case. They want to ensure the defendant receives a fair trial from an unbiased jury.

Who Conducts Voir Dire?

In Philadelphia, judges typically conduct voir dire themselves by asking jurors questions about their backgrounds, beliefs, and ability to be fair. Attorneys may also be permitted to ask additional questions afterward.

This process allows both sides to use a limited number of “peremptory challenges” to excuse potential jurors without needing to provide a reason. It prevents biased jurors from being seated while avoiding discrimination based on race, ethnicity or gender.

What Questions Can Jurors Expect During Voir Dire?

Questions normally focus on the ability to be fair and impartial, set aside any biases, follow the law as instructed, and decide the case based only on evidence presented in court. Jurors may be asked about:

• Their prior jury duty experience
• Connections to law enforcement
• Feelings about the type of crime alleged
• If they or close relations have been victims of similar crimes
• Beliefs about the criminal justice system
• Hardships if required to serve on a lengthy trial

Jurors may also be asked personal questions about their occupation, education level, prior interactions with the justice system, media consumption habits and more.

The defense is looking to eliminate pro-prosecution bias, while prosecutors want to eliminate anti-government bias. Judges work to ensure a fair cross-section of the community is represented.

Courtroom Dynamics During Voir Dire

In Philadelphia criminal trials, voir dire takes place in open court with the entire jury pool present. The judge, court clerk, court reporter, attorneys, defendant and observers are also there as potential jurors take turns answering questions verbally.

The juror’s name, neighborhood of residence and basic background information is stated out loud. This public questioning allows attorneys to observe jurors’ body language and demeanor as they interact with the court.

It’s completely normal to feel nervous! Judges understand many people get anxious when public speaking. Answering honestly is what matters most.

Peremptory Challenges

Once initial questioning is complete, the attorneys exercise a limited number of “peremptory challenges” to strike potential jurors without explanation. It’s not personal if you get struck—they are just looking to empanel what they feel is the most favorable jury for their side.

The number of peremptory challenges depends on the charges, but usually the defense has more since the burden is on the prosecution to prove guilt beyond a reasonable doubt.

Confidential Jury Questionnaires

In trials with significant pretrial publicity, jurors may also be required to complete confidential questionnaires in advance covering topics that might embarrass jurors if asked aloud in court. Things like sensitive medical history, criminal record, or prior history as a crime victim for example.

Questionnaires streamline the in-person voir dire process since attorneys already have that sensitive background information about jurors.

Hardship Excuses

The court understands that jury duty can impose significant hardships depending on one’s circumstances. Valid excuses may include medical conditions, family obligations, job constraints, travel plans and more.

If you have a legitimate hardship, let the jury commissioner know right away when you receive your summons by filling out the back side. Bring documentation to support your excuse request.

Length and Tedium of the Jury Selection Process

There’s no sugar-coating it—jury selection can be long and boring, often lasting several days. You may find yourself sitting in the courtroom hallway for long stretches of time as jurors are questioned in batches.

Plan to bring a book, laptop or tablet to keep yourself occupied. There’s usually no cell phone or internet access permitted once court is in session. And no, there’s no wifi—this is the government after all!

Why Does Jury Selection Take So Long?

There are several reasons why jury selection drags out:

• Complex cases require longer questioning to probe biases
• Attorneys conduct extensive background research on the jury pool
• The large jury pool has to cycle through questioning
• Attorneys need time to strategize about peremptory strikes
• Several rounds of strikes may occur
• Replacement jurors must also undergo questioning

The Right to an Impartial Jury

The lengthy voir dire process is necessary to empanel an impartial jury and provide the accused with a fair trial. An impartial jury ensures community participation and public confidence in the verdict.

While jury duty may disrupt your routine, remember that the right to a jury trial is enshrined in the Sixth Amendment. Just think—our founders felt this concept was so essential they included it in the Bill of Rights!

Serving on a criminal jury in Philadelphia is a high civic calling. You’ll work side-by-side with fellow citizens to deliver justice in the form of a verdict. It’s democracy and self-governance in action!

What This Means for You as a Juror

Expect the unexpected during jury selection—every case is unique. Prepare to spend long hours at the courthouse over multiple days. Answer questions honestly and to the best of your ability. Trust that the oft-frustrating process serves a noble purpose.

Stay attentive even when boredom sets in. And show patience if you get struck—it’s not personal. You can take pride knowing you showed up and did your part. Justice can’t be served without citizens willing to participate.

So read up on a good book, charge your iPad, and embrace your juror experience in Philadelphia criminal court. It may not be fun or glamorous. But our justice system wouldn’t function without the sacrifice of everyday people like you.