This interview process of the jurors is known as voir dire and is used as a way for judges, the prosecution, and California defense attorneys to select an impartial jury. If any of the jurors’ answers suggest that they may be biased or unable to be impartial, then their acceptance on the panel can be challenged. After the judge has asked each juror questions and both the prosecution and the
California DUI attorney have been given the opportunity to speak to each of the jurors, then the judge will ask if either party wishes to challenge a juror “for cause.” This is done after the jury has left the room. A challenge for cause means that a juror is being asked by either the prosecution or the defense to be excused from a panel based on the claim that the answers he or she provided were believed to be impartial. Note that it is not easy to get a juror excused “for cause.” Oftentimes, the judge will ask the potential juror if he or she can set aside any feelings that were deemed to be biased and be impartial to both sides. If the juror answers yes, then most often the juror will not be excused for cause.
After all of the questioning is completed and both sides have advised the judge of any for-cause challenges, the judge then asks if either party wants to make any peremptory challenges. Peremptory challenges are those in which either the prosecution or the defense is allowed a limited number of jury challenges that do require a reason or explanation. Either party can simply state that they do not want a particular juror on the panel. In California, as with criminal defense attorneys, California DUI/DWI attorneys are allowed only 10 peremptory challenges. The jury selection ends when both the prosecutor and the defense lawyer have accepted 12 people on the panel and both have run out of peremptory challenges. From this point, opening statements are made by both sides, outlining the facts as to why they believe that the defendant is guilty (the prosecution) or innocent (the defense).
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