Queens Jury Selection and What to Expect as a Defendant

Queens Jury Selection and What to Expect as a Defendant

Being charged with a crime and facing trial in Queens can be an incredibly stressful and confusing time. As your case proceeds to trial, one of the most important steps will be selecting the jury that will decide your guilt or innocence.

Jury selection, known as voir dire, allows the judge, prosecutors and your defense attorney to question and evaluate potential jurors to ensure an impartial jury will hear your case. Understanding how jury selection works and what to expect as a defendant can help you better prepare for trial.

The Jury Pool

In Queens County, the jury pool is randomly selected from voter registration lists and New York State Department of Motor Vehicles and tax records. On the day you are scheduled for jury selection, this group of potential jurors will be brought to the courthouse.

The size of the jury pool can vary, but often ranges from 30 to 100 potential jurors for a single trial. Before questioning begins, the judge will explain the case and allow prospective jurors to cite hardships that would prevent them from serving.

Questioning the Jury Pool

Once hardship excuses are handled, the process of questioning jurors begins. This questioning allows attorneys on both sides to determine if any potential jurors are biased or cannot be fair and impartial.

According to New York law, each side is allowed to challenge jurors for two different reasons:

• For Cause – There is a specific reason why the attorney believes this juror cannot be fair or impartial. There is no limit to the number of jurors that can be dismissed for cause.
• Peremptory – The attorney uses one of a limited number of peremptory challenges to dismiss a juror without needing to provide a reason. Typically 15 peremptory challenges are allowed.

As a defendant, you will be present for jury questioning and selection unless you waive your right to appear. Pay close attention to each potential juror’s responses to gauge reactions. Your attorney may ask for your input on jurors you feel are biased against you.

The Chosen Jury

In felony cases in Queens County, twelve regular jurors and two to six alternates will be chosen. While the final jury only needs 12 people, alternates ensure a full panel if someone becomes ill or has an emergency.

Once all challenges are made by the defense and prosecution, the final jury will be sworn in. You can still enter into a plea bargain and avoid trial even after a jury is selected.

What to Expect as a Defendant

As a defendant going through jury selection, here are key things to expect:

• Remain quiet – As challenging as it might be, defendants should not interject or react to juror questioning.
• No jury contact – You cannot have any contact with jurors, even casual greetings.
• Note biases – Pay close attention and discuss any concerns about biased jurors privately with your attorney.
• Courtroom attire – Defendants should dress conservatively and avoid overly casual clothing during jury selection.

The r/legaladvice sub-reddit can be a useful place to see jury selection questions from a juror’s perspective. Posts like this one give insight into serving on a trial jury.

You can also browse Quora to see juror’s personal experiences with jury selection and trials. Understanding the process from a juror’s viewpoint can help you decide which potential jurors may be less biased.

Sites like Avvo, LawInfo, and FindLaw also breakdown key aspects of jury selection from a legal perspective.

Working with Your Attorney

An experienced Queens criminal defense attorney will guide you through jury selection and make sure your legal rights are protected. Share any concerns about biased jurors promptly so they can issue challenges during questioning.

Be sure to follow your lawyer’s advice on courtroom behavior rules. Anything you say or do can potentially influence juror opinions, even during the selection process.

By understanding the jury selection process and expectations for defendants, you can effectively collaborate with counsel and aim for the fairest, most unbiased jury possible for trial.