A frequently asked question about Massachusetts criminal defense law is who chooses the jury and how? Most defendants come into their cases with little to no knowledge of commonwealth law and what will happen throughout their case. Below, we discuss how jurors are selected, what criteria are used, and if defendants can contribute to the jury selection process.
Jurors Are Eliminated, Not Selected
The phrase “jury selection” isn’t entirely accurate because jurors aren’t actually chosen to be on the jury. Potential jurors are randomly chosen to be in a jury pool from which defense lawyers and prosecutors can select people to eliminate. This means that both attorneys are looking for jurors who could hurt their case.
Who your lawyer chooses plays a significant part in whether you are exonerated or convicted, and your legal team must do a good job of vetting the histories, characteristics, and personal values of jurors.
What Your Lawyer Is Looking For
Both your lawyer and the commonwealth’s attorney must evaluate each potential juror and decide who is most likely to rule against their client. The goal is to end up with as many people as possible on the jury who will identify in some way with the case the attorney is making. Criteria like the following are assessed:
- Race. The race of the defendant compared to the race of a potential juror is a significant factor in how that juror will likely rule if allowed to serve on the case.
- Familial status. A person’s marital status and whether or not they have kids is also something to evaluate. For example, say the defendant is a woman accused of killing her husband. The defense lawyer might not want a newly-divorced young man on the jury.
- Relationships.
- Career. The career path of people in the jury pool is also an important consideration to make since it can make an impact on the jury’s perception of the defendant.
- Religious beliefs. Your lawyer should also take into account a potential juror’s spirituality and what they believe into consideration. Some belief systems make it more likely for jurors to convict or exonerate and your attorney should eliminate them accordingly.
Get Legal Assistance From a Massachusetts Criminal Lawyer Now
The future as you know it is at stake after an arrest. Thomas Kokonowski, Esq. is a veteran criminal defense attorney in Orleans, MA that can help. Call now for a consultation now at 774-561-2689.
