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 Oregon, 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 an impartial jury is empaneled to hear the case. 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 and cannot be used to discriminate based on race, gender, or other protected characteristics as established by the 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. Oregon state statutes and rules of procedure outline the specific processes and limitations for jury selection in both civil and criminal cases.