Jury selection

The group of potential jurors (the "jury pool,” also known as the venire) is first selected from among the community using a reasonably random method.

Jury selection and techniques for voir dire are taught to law students in trial advocacy courses.

The amount of privacy that the potential jurors are afforded when asked questions raises the issue of the definition of "impartial jury".

Generally, the prosecution and the defense want the maximum amount of information about the jurors, so that they can estimate which people are most likely to be sympathetic to their case.

[2] Part XX of the Criminal Code of Canada allows for a jury in a Canadian murder trial to consist of twelve jurors.

According to section 644(1) of the Criminal Code, a judge may discharge any juror during the trial due to illness or "other reasonable cause," such as impartiality (see R v Tsouma (1973) and R v Holcomb (1973)).

However, s. 631(3.1) goes on to say that a judge can order that the clerk of the court shall only call out the number on each card, thereby withholding the names of the jury members.

This generally takes place upon application by the prosecutor or when the judge deems it necessary to protect the safety and privacy of the jury members.

§634 of the Criminal Code of Canada was repealed by Bill C-75, which came into effect on September 19, 2019, and peremptory challenges have therefore been eliminated.

A party seeking to challenge a prospective juror’s partiality must first demonstrate to the court that there is an ‘air of reality’ to the application.

Upon application by the accused, the court may exercise its discretion to exclude all sworn and unsworn jurors from the courtroom until the challenge for cause is decided.

Pre-hearing conference Part XX of the Criminal Code of Canada provides for Procedure in Jury Trials.

In the 1970s and 1980s in the United States, scientific jury selection—the use of expert assistance to more effectively use peremptory challenges — became more common.

The practice has proven controversial because of fears that it gives lawyers the ability to "fix" the jury and enhances the distorting effect of money.

The still more generic field of trial consulting also contains a myriad of other tools and techniques not directly related to juries.