Speaker 1: Did you know that there is an interview process for serving on a jury? Depending on how this interview goes, the attorneys on the case can kick you off the jury for any reason they want. Well, any reason short of discrimination. This interview is conducted on the record, meaning that you are first placed under oath before your interview and all of your answers are transcribed by the court reporter. This interview is known as vortire, but you might know it as jury selection. What you might not realize, though, is that picking a jury is more about deselection rather than selection. The sole purpose of vortire is to determine the suitability of potential jurors to hear a particular case. The ultimate goal is to assemble a jury that can objectively weigh the evidence and render a fair verdict without bias or prejudice. During vortire, the attorneys are simply trying to determine which jurors need to be kicked off the panel. Jurors can be removed with a challenge for cause or as a result of a peremptory challenge. Challenges for cause are legal motions where the attorney believes that the juror is actually prejudiced against the client or has expressed a bias that would prevent them from being fair and impartial. Peremptory challenges are a tool employed during jury selection that allows attorneys to excuse a potential juror without ever providing a specific reason. Unlike challenges for cause, which require a demonstrated bias or legal disqualification, peremptory challenges are exercised at the discretion of the attorney, provided that they do not violate certain constitutional principles. The number of peremptory challenges varies greatly from trial to trial. Before we go any further, do you actually know how jury selection works? Let's demonstrate with an example. The question everyone has is, what are the chances of me actually getting picked for jury duty? Imagine if you and 19 of your friends stood in line to ride the last ferris wheel ride of the day. This is a tiny ferris wheel that only carries 12 people, and when it's full, the carnival closes for the day. You're number 20 in line, so it doesn't seem like you have a very good chance of riding the ferris wheel, does it? Not so fast. The ferris wheel operator starts asking all 20 of you questions about your experiences with ferris wheels. One person in line states that he actually hates ferris wheels. One person in line states that she has a history of vandalizing ferris wheels. And then another person in line states that he has debilitating motion sickness. Before the ferris wheel operator started asking questions, the first 12 people in line would be getting on the ride. But after these answers, these three people are kicked out of line for cause. Now, of the people left in line, original numbers 1 through 15 are guaranteed to ride, since they are now the first 12 people in line. But wait, now the ferris wheel operator gets to kick 5 people out of line without having to give any explanation why. The perimeter challenge. He kicks 5 people out of line. That means you are now in the first 12 people in line, and you just found yourself on the ferris wheel. That's exactly how jury selection works. The first 12 jurors who are not kicked off will serve on the jury. As a potential juror, it is essential for you to approach the jury selection process with an understanding of perimetry challenges and the reasons behind their use. Here are some key points to consider. Jurors often have limited information about the case during voir dire. Attorneys may use perimetry challenges based on general impressions, body language, or other subtle cues that may not be apparent to jurors. It is important for you to recognize that these challenges do not necessarily reflect on your character or qualifications. Attorneys may employ perimetry challenges as part of their trial strategy. The selection of a jury is a dynamic process influenced by the unique aspects of each case. Certain individuals may be excluded, not because of any personal inadequacy, but because of how their presence might impact the dynamics of the trial. If you appear to be a natural leader and have given answers that seem like you might be sympathetic to the other side, then the attorney likely wouldn't take a chance by leaving you on the jury as it's just safer to use a perimetry challenge. It might not be anything that you say or do during jury selection that causes the attorney to use a perimeter challenge to remove you from the jury. Sometimes it is as simple as where you work or your education history. If you work for a government agency, then you could be viewed as sympathetic to the state during a criminal prosecution. If you have a graduate degree in a scientific field and the case has a medical or scientific aspect, then you could be viewed as someone who might try to apply their own experience rather than applying the admitted evidence. While perimetry challenges are a valuable tool for attorneys, their use is not without limitation. The Supreme Court has established that the exercise of perimetry challenges based on race or gender violates the Equal Protection Clause of the 14th Amendment. These days, such protection would also likely apply to attempts to use perimetry challenges on the basis of race, creed, religion, national origin, or even sexual orientation. If an attorney suspects that the opposing party is using perimetry challenges in a discriminatory manner, they can raise a Batson challenge, prompting the court to evaluate the legitimacy of the challenges. When attorneys ask questions during voir dire, it is essential to answer truthfully and candidly. The goal is to provide a complete and accurate picture of your background, experiences, and potential biases. Honest communication is crucial in forming a jury that can fairly assess the case. Remember, you'll be placed under oath to tell the truth before you even start answering questions. Because of that, it is extremely difficult to avoid a proper perimetry challenge without committing perjury. When you're asked questions about your experience and your answers reveal that you might be biased, well, there's nothing wrong with that. It doesn't mean that you wouldn't make a good juror. It just means that you might not make the best juror for this particular case. At the same time, if you're trying to get out of jury duty, you shouldn't answer untruthfully in an effort to get removed. I've heard people plan to say some pretty outrageous things in order to be excused from jury service. The real secret to getting out of jury duty is to just speak up and answer questions. The less you say, the less reason the attorneys will have to remove you. The more you participate, the more likely the attorneys will uncover some form of bias. The most important thing is for you to have respect for the legal process. One day, you might find yourself in need of a fair and impartial jury.