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 Wisconsin, 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 to hear the case. During this process, attorneys may 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 based on race or gender, as established by the U.S. Supreme Court. Additionally, attorneys may request the court to remove potential jurors for cause if they believe a juror cannot be impartial, fair, or follow the law. The judge will then decide whether to grant the challenge for cause. Wisconsin state statutes and case law, along with federal law, govern the specifics of the jury selection process, ensuring that it is conducted fairly and within the bounds of the legal system.