Jury Selection

This page was last substantively updated or reviewed January 2015. (Rev. # 94405)

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General Principles

Every person charged with a crime has a right to a fair trial before an impartial tribunal. This right includes the right to an impartial jury.

The right to a jury is protected by s. 1(d) which guarantees the right to be tried by an "independent and impartial tribunal" and s. 11(f) which guarantees the right to a jury that is "impartial and representative."

A jury selected to decide a case as the trier-of-fact is formally known as a "petit jury". It usually consists of 12 persons. The petit jury is selected at random from a "jury panel" who is a group of several hundred people selected from the "jury roll."

Any legal errors in jury selection will require a new trial. This includes errors of law by the judge or unreasonable exercise of discretion in managing the selection process.

Topics

• Juror Eligibility
• Right to a Representative Jury
• Selecting Jurors From Panel
  • Selecting Additional and Alternate Jurors
• Challenge to Jury Panel
• Peremptory Challenge
• Challenge for Cause