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 Massachusetts, 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. This process is governed by Massachusetts General Laws and supplemented by case law. Attorneys are allowed to use peremptory strikes, which permit them to remove a certain number of potential jurors without providing a reason. However, the number of peremptory strikes is limited and varies depending on the type of case (civil or criminal) and the severity of the charges. Additionally, attorneys may request that the court 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 use of peremptory strikes is subject to constitutional limitations, as they cannot be used to discriminate based on race, gender, or other protected characteristics, following the principles established by the U.S. Supreme Court in cases such as Batson v. Kentucky.