Jury selection is the process in which the parties to a lawsuit—usually through their attorneys—ask questions of potential jurors seated in the courtroom (the jury panel or venire panel). Parties to a lawsuit—usually acting through their attorneys—may strike some potential jurors without stating a reason (peremptory strikes), and may ask the court to strike other potential jurors on the grounds the potential juror is biased, cannot be fair, or cannot follow the law—known as a strike for cause, challenge for cause, or removal for cause.
In Florida, jury selection is a critical phase of the trial process where attorneys from both sides participate in choosing jurors who will decide the case. This process begins with a pool of potential jurors, known as the venire panel. During voir dire, attorneys question these individuals to assess their suitability for jury service in the specific case. Attorneys have the right to request the removal of potential jurors for specific reasons, which is known as a 'strike for cause' or 'challenge for cause.' This can occur if a potential juror displays bias, inability to be fair, or an unwillingness to follow the law. Additionally, attorneys are allowed a certain number of 'peremptory strikes,' which let them exclude potential jurors without providing a reason. However, peremptory strikes cannot be used in a discriminatory manner, as established by the U.S. Supreme Court in Batson v. Kentucky and its progeny. Florida follows these general principles under its state statutes and rules of procedure, ensuring that the jury selection process is conducted fairly and without discrimination.