As a lawyer what questions would you ask potential jurors to ensure competency?

Guidelines for Questioning Potential Jurors to Ensure Competency

1. Start Broad, Then Narrow Down

• Begin with general background questions (occupation, prior jury service, family life).

• Gradually move toward case-specific issues (attitudes about law enforcement, damages, crime, etc.).

• This helps jurors feel comfortable and reduces defensiveness.

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2. Assess Basic Competency to Serve

• Confirm ability to hear, understand English, and follow instructions.

• Check for medical, mental health, or cognitive issues that could impair judgment.

• Ask about scheduling conflicts or hardships that may prevent full attention.

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3. Identify Potential Biases

• Explore personal experiences with crime, law enforcement, lawsuits, or similar issues.

• Ask about moral, religious, or political views that might affect impartiality.

• Probe for preconceptions about the justice system (e.g., “innocent until proven guilty”).

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4. Test Willingness to Follow the Law

• Ensure jurors can set aside personal beliefs and apply the law as instructed by the judge.

• Ask if they can base their decision solely on courtroom evidence.

• Confirm they won’t let sympathy, prejudice, or prior knowledge sway them.

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5. Avoid Leading or Intimidating

• Frame questions neutrally so jurors reveal true feelings.

• Use open-ended questions rather than yes/no when possible.

• Watch body language and tone for hidden discomfort or bias.

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6. Protect Juror Privacy

• For sensitive questions (e.g., history of crime, trauma, or bias), request sidebar or private questioning.

• Maintain professionalism and avoid embarrassing jurors.

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7. Listen Actively

• Pay attention not only to answers but also to hesitations, tone, and body language.

• Follow up when jurors give vague or uncertain responses.

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8. Use Challenges Appropriately

• For Cause Challenge: Request removal of a juror who clearly shows bias, conflict, or incompetence.

• Peremptory Challenge: Remove a juror without stating a reason (within limits).

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