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 Michigan, the jury selection process, also known as voir dire, involves attorneys from both sides questioning potential jurors to determine their suitability for serving on the jury. The goal is to ensure an impartial jury for a fair trial. Attorneys have the right to use peremptory strikes, which allow them to remove a certain number of potential jurors without providing a reason, although these strikes cannot be used in a discriminatory manner as prohibited by the Equal Protection Clause under Batson v. Kentucky. Additionally, attorneys may request that the court remove a juror for cause if they believe the juror cannot be impartial, has a bias, or is incapable of following the law. The number of peremptory challenges and the specific procedures for challenges for cause are governed by Michigan state statutes and court rules, which outline the legal framework for ensuring a fair and unbiased jury.