As a lawyer what questions would you ask potential jurors to ensure competency?
As a lawyer what questions would you ask potential jurors to ensure competency?
Willingness to Follow the Law: The judge will provide instructions on the law. Do you promise to follow the law as the judge explains it, even if you disagree with it? Can you put aside any personal beliefs or morals and decide this case based solely on the evidence presented in court?
Burden of Proof: Do you understand and accept that the prosecution (in a criminal case) or the plaintiff (in a civil case) has the burden of proving their case? Do you understand that the defendant is presumed innocent until proven guilty?
The questions would be tailored to the specifics of the case to uncover any relevant biases.
Criminal Case (e.g., DUI): Have you or a close family member ever been arrested for or charged with a DUI? Do you have any strong opinions about drunk driving laws? Do you believe that all police officers are truthful?
Civil Case (e.g., Medical Malpractice): Do you have any personal experiences with a lawsuit against a doctor or hospital? Do you work in the medical profession or have family members who do? Do you believe that doctors can never make mistakes?
High-Profile Cases: Have you seen any media coverage or read anything online about this case? Have you formed any opinions about the defendant's guilt or innocence based on what you've seen or heard outside of the courtroom? Can you disregard all of that information and base your decision only on the evidence presented in this trial?
As a lawyer, I'd ask potential jurors questions to assess their impartiality, ability to follow instructions, and suitability for the specific case. This process is called voir dire, which is French for "to speak the truth." My goal is to identify any biases, personal experiences, or beliefs that could prevent them from being fair and objective.
Ability to Serve: Can you serve for the expected duration of this trial? Do you have any physical or mental conditions that would prevent you from listening to all the evidence?
Impartiality and Open-Mindedness: Do you have any personal or professional relationship with any of the parties involved in this case (the plaintiff, the defendant, witnesses, or attorneys)? Do you have any pre-existing opinions about this case or any of the people involved?