Jury selection is the process in which the parties to a lawsuit—usually through their attorneys—ask questions of potential jurors seated in the courtroom (the jury panel or venire panel). Parties to a lawsuit—usually acting through their attorneys—may strike some potential jurors without stating a reason (peremptory strikes), and may ask the court to strike other potential jurors on the grounds the potential juror is biased, cannot be fair, or cannot follow the law—known as a strike for cause, challenge for cause, or removal for cause.
In California, the jury selection process, also known as voir dire, involves attorneys from both sides questioning potential jurors to determine their suitability for serving on the jury. The goal is to ensure a fair and impartial jury. Attorneys have the right to use peremptory strikes, which allow them to remove a certain number of potential jurors without providing a reason. However, the use of peremptory strikes is limited by the number allowed under California law and cannot be used in a discriminatory manner, as prohibited by the U.S. Supreme Court's decision in Batson v. Kentucky. Additionally, attorneys may request the court to remove potential jurors for cause if they believe a juror cannot be impartial, is biased, or cannot follow the law. The judge will decide whether to grant these challenges for cause. The specific procedures and number of strikes available can vary depending on the type of case and the court.