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 Virginia, jury selection is a critical phase of the trial process where attorneys from both sides participate in forming a jury that is as impartial as possible. The process begins with a larger pool of potential jurors, known as the venire panel. Through a process called voir dire, attorneys ask these potential jurors questions to assess their suitability for serving on the jury in a particular case. Attorneys have the right to request the removal of a potential juror for specific reasons, which is known as a 'strike for cause' or 'challenge for cause.' This can occur if a potential juror displays bias, an inability to be fair, or an unwillingness 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 to discriminate based on race, gender, or ethnicity, as established by the U.S. Supreme Court. The exact number of peremptory challenges available to each side can vary depending on the type of case and the jurisdiction within Virginia.