The jury selection process, often referred to as voir dire, is a crucial aspect of the American legal system, ensuring that impartial individuals are chosen to serve as jurors in a trial. In Wisconsin, the process is carefully structured to uphold the principles of justice and fairness. In this blog post, we will delve into the details of how the jury selection process works in the Badger State.

Step 1: Jury Summons and Qualifications

The process begins with the issuance of a jury summons to eligible citizens in Wisconsin. To be eligible for jury service in Wisconsin, individuals must meet certain qualifications:

• Be a U.S. citizen
• Be at least 18 years old
• Be a resident of the county where they are summoned
• Be able to understand and communicate in the English language
• Not have a felony conviction (unless civil rights have been restored)

Step 2: Reporting for Jury Duty

When summoned, prospective jurors are required to report to the courthouse on the specified date and time. Failure to appear may result in penalties.

Step 3: The Jury Pool

Upon arrival at the courthouse, prospective jurors become part of a larger jury pool. This pool includes a diverse group of individuals who are eligible to serve as jurors for various cases.

Step 4: Questioning and Voir Dire

The heart of the jury selection process in Wisconsin is the voir dire examination. Attorneys for both the prosecution and the defense, as well as the judge, participate in this process. During voir dire:

• The judge explains the case and its legal issues to the prospective jurors.
• Attorneys for both sides ask questions to potential jurors to determine if any biases, prejudices, or conflicts of interest exist that might affect their ability to be impartial.

The goal of voir dire is to select a fair and impartial jury that will fairly evaluate the evidence and arguments presented during the trial.

Step 5: Challenges and Strikes

Attorneys have the right to challenge potential jurors. There are two main types of challenges in Wisconsin:

• For Cause Challenges: These challenges are made when an attorney believes a prospective juror cannot be impartial due to bias or another disqualifying factor. The judge decides whether to grant these challenges.
• Peremptory Challenges: Attorneys can also use a limited number of peremptory challenges to excuse jurors without providing a specific reason. However, they cannot use peremptory challenges to discriminate based on race, gender, or other protected characteristics.

Step 6: Jury Selection and Seating

Once both sides have completed their questioning and challenges, the final selected jurors take their seats in the jury box. The judge reads instructions to the jurors regarding their responsibilities during the trial.

Step 7: The Trial

The selected jurors listen to the evidence presented, witness testimony, and legal arguments throughout the trial. They are tasked with reaching a verdict based solely on the evidence and the law, as explained by the judge.

Step 8: Deliberation and Verdict

After hearing all the evidence and the judge's instructions, the jury retires to deliberate in private. They must reach a unanimous decision in criminal cases but may reach a majority verdict in civil cases.

Conclusion

The jury selection process in Wisconsin is a critical component of the judicial system, ensuring that cases are heard by impartial individuals who can make fair and unbiased decisions. By carefully examining potential jurors during voir dire and adhering to the principles of justice, Wisconsin upholds the rights of its citizens and ensures a fair trial for all.

Attorney Nathan DeLadurantey offers free consultations to explain your legal rights in Wisconsin. Free consultations can be scheduled online.