Jury Selection

Question 1

Should the prosecution name all potential witnesses at jury selection, even those it doesn’t intend to call?

Answer 1

Yes, this ensures that potential jurors are properly screened if the prosecution’s trial plans are changed before trial but after jury selection.

Question 2

Should the prosecutor be sure to get jurors’ names on the record?

Answer 2

Yes, this may be critical in substantiating a peremptory challenge or for cause challenge. The judge will help with this.

Question 3

How many peremptory challenges does each side get for misdemeanors? Felonies?

Answer 3

3 for misdemeanors, 10 for felonies.

Question 4

What is the standard for reviewing a question of whether a juror will be impartial?

Answer 4

In Florida, a juror should be excused if there is any reasonable doubt as to the juror’s ability to render an impartial verdict, and if it is a close call, the juror should be excused.

Question 5

Can you cite the statute at issue when conducting voir dire?

Answer 5

Yes, and you should cite the exact language of the statute as opposed to paraphrasing, i.e. if you choose to reference the statute, do it completely and precisely by reference to the actual language.

Question 6

Reasonable doubt is NOT: (4)

Answer 6

(1) A mere Possible doubt,
(2) Speculative,
(3) Imaginary, or
(4) Forced doubt.