All United States citizens over the age of 18, except convicted felons, are eligible to serve on a jury. Potential jurors are randomly selected, usually from voter registration or drivers' license lists. Questionnaires are sent to the potential jurors, and individuals who meet the legal requirements for jury service are summoned to appear for jury duty. Attendance for jury duty is mandatory. Employers are required to give employees time off to serve on a jury, and jurors are paid a fee for serving on a jury.
Voir Dire
Voir dire is the process of interviewing potential jurors to determine who will sit on the jury. The purpose of voir dire is to identify and remove individuals who cannot be fair and impartial. In some states, the attorneys conduct voir dire. In California, the judge conducts voir dire and may or may not allow the attorneys to ask the potential jurors questions.
Challenges to Prospective Juror
Challenges for cause can be made to a potential juror for bias or prejudice. Examples of cause include where the potential juror has a relationship to either party in the lawsuit or has an interest in the outcome of the suit. The number of challenges for cause is unlimited. A potential juror could be challenged for cause if he or she does not have the qualifications set by the law to serve on a jury. The judge makes the final decision about allowing a challenge for cause.
Peremptory challenges are challenges that can be made without stating a reason. The number of peremptory challenges is generally set by law. In federal court, the plaintiff (the person suing) and the defendant (the person being sued) each get three peremptory challenges in a civil lawsuit.
Size of Jury
Most states allow juries of fewer than 12 persons for civil cases and criminal misdemeanor cases. Most states require a jury of 12 for criminal felony cases.
Juror Privacy
The court uses juror information for administrative purposes such as the payment of juror fees and expenses. It is also used to qualify potential jurors for jury service. A qualified right to privacy is recognized for jurors. However, the public and the media have an overriding right to open courtrooms under the First Amendment to the United States Constitution. Juror intimidation or harassment might provide a reason to close the courtroom.