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 New Mexico, jury selection is a critical phase of the trial process where attorneys from both sides participate in choosing jurors who will decide the case. The process begins with a pool of potential jurors, known as the venire panel. Through a process called voir dire, attorneys question these individuals to assess their suitability for jury service in the specific case. Attorneys have the right to request the removal of potential jurors for specific reasons, which is known as a 'challenge for cause.' Grounds for such a challenge can include a potential juror's bias, inability to be fair, or inability to follow the law. Additionally, attorneys are allowed a certain number of 'peremptory strikes,' which let them exclude potential jurors without providing a reason. However, peremptory strikes cannot be used in a discriminatory manner, such as to exclude jurors based solely on race or gender, as established by federal constitutional law and interpreted by the U.S. Supreme Court. New Mexico state statutes and court rules provide the framework for the jury selection process, ensuring that the rights of both the parties and the potential jurors are protected.