Jury Selection, Juries, and Judges 1
Chapter Application Paper: Jury Selection, Juries, and Judges
Kristi Campbell
Liberty University
CJUS 640
July 16, 2025
Abstract
For citizens within a democratic system, serving on a jury is a fundamental responsibility. It is a
civic duty to serve on a jury and the individual must provide impartial judgment, integrity, and
honesty. During jury selection lawyers will look for individuals who are committed to only being
influenced by the evidence which is presented as well as being impartial and will put aside their
opinions and own bias and instead focus on law interpretation. During jury selection the lawyers
go through a process of elimination and will remove potential jurors who they believe will be
unfavorable to the outcome which they desire. The goal is to get a neutral jury with jurors who
the lawyers believe will be sympathetic to them. There used to be issues with exclusions based
on race, gender, and ethnicity but protections have been put in place to avoid this. But of
Jury Selection, Juries, and Judges 2
course, stereotypes and bias during jury selection still occur in some courts. Trial consultants are
also utilized to assist lawyers during the jury selection process. Unfortunately, wealthy
organizations or clients who employ trial consultants may be at an unfair advantage compared
to individuals who cannot afford one. Prejudices do not belong in the criminal justice system or
in jury selection. The goal of the criminal justice system remains delivering justice and providing
effective services. It is essential that strong moral values are upheld and lawyers, judges, trial
consultants, and juries understand their role inside the courtroom and within the criminal
justice system.
Keywords: juries, lawyers, trial consultants, jury selection, impartial
Jury Selection, Juries, and Judges
Premise
The Seventh Amendment of the United States Constitution guarantees the right to a trial
by jury. The Sixth Amendment addresses the right to a trial by jury and additionally guarantees
the right to a speedy trial. To uphold the Constitutional rights of the defendant and maintain the
fairness of the trial, an impartial jury is fundamental. According to Costanzo and Krauss (2020)
“a jury is meant to be a moral conscience of the community.” Costanzo and Krauss (2020)
suggest that “the small number of people usually 12 or a minimum of 6 is intended to represent
the opinion of the public and should reflect a unique demographic of individuals to ensure
diversity in experience and culture.” But it is extensive and complex to guarantee an impartial
jury. An individual can be excluded from a jury for several reasons. According to Costanzo and
Krauss (2020) reasons can include “mental illness, under the age of 18, non-English speaker, or
having a criminal history.” Some individuals who are summoned to jury duty may even fail to
show up. Costanzo and Krauss (2020) found that “aside from those excluded or absent, potential
jurors that show up when summoned are referred to as the venire.” Jurors can also be
eliminated or excluded from the jury pool if they are found to be incapable of being impartial.
Jury Selection, Juries, and Judges 3
The prosecutors and the defense lawyers can invoke either peremptory challenges or challenges
for cause to further reduce the jury pool. According to Costanzo and Krauss (2020) “potential
jurors are questioned during the final stage of jury selection in what is known as voir dire.”
Safeguards have been implemented to ensure some sense of impartiality for the jury.
This includes limiting the number of peremptory challenges that are allowed. Holland (2020)
stated that “the Supreme Court case of Batson v. Kentucky established a ruling to disallow
discriminatory peremptory challenges for jurors.” He went on to further discuss voir dire and its
impact on jury selection. According to Holland (2020) “while the juror selection process during
the voir dire is intended to filter out juror bias and establish an impartial jury, it operates based
on lawyer’s biases against jurors that may not be sympathetic to their side during trial.” But
there are some biases and stereotypes that remain present. Holland (2020) found that “while a
juror cannot be eliminated for their gender, race, age, or other demographic characteristics
alone, biases, prejudices, and stereotypes are ever present in the selection process.” There is
still an issue with race and gender in relation to jury selection. According to Constanzo and
Krauss (2020) “There is still evidence to suggest that exclusion of jurors based on race and
gender still happens in modern court cases.” But most people know that who you put on a jury
can have an impact on the verdict. Costanzo and Krauss further explain that “while it is ideal
that trial outcomes are not swayed solely by who ends up on the jury, selection of jurors can be
particularly influential to results of trials in cases with either weak evidence or evidence that is
open for interpretation.” Jury selection must be free of biased and unfair practices because it is
a crucial step in the legal process.
Supporting Points
Prosecutors and defense lawyers are responsible for the jury selection process. They are often
influenced by stereotyping of potential jurors as well as personal beliefs. But there are other
tools available for jury selection. According to Costanzo and Krauss (2020) “this includes the
Jury Selection, Juries, and Judges 4
hiring of trial consultants who use more scientific or data driven methods to aid in the selection
process." Trail consultants can provide guidance to lawyers in the trial process. This gives an
advantage over the opposing party. Coughlan (2019) further expanded on trial consultants,
adding “their objectives include creating juror profiles, conducting background checks of jurors,
conducting mock trials and pre-trial interviews, and bettering courtroom presentations.” But the
use of trial consultants comes with critiques, mainly in its fairness. It’s the wealthy defendants
who can afford trial consultants and who mostly utilize them to their advantage. Costanzo and
Krauss (2020) adds “those with more financial means can already afford the very best lawyers,
and if the added support of a trial consultant is also only available to those with money, this
may suggest that the scales of justice are further tilted in the favor of the rice.” There are,
however, trial consultants and lawyers who work pro-bono or free for defendants. But it is still
unclear if trial consultants are harmful or helpful in respect to fairness and the integrity of the
justice system. According to Coughlan (2019) “there is much more research to be conducted to
establish the true effectiveness of trial consultants on outcomes in court, but the ethics of the
field continue to be called into question.” Costanzo and Krauss (2020) further add that “other
research has suggested that factors such as juror personality traits, views on the legal system,
and similarities between defendants and jurors can additionally be influential on jury decisions.”
Jury selection is a necessary component of the legal process. It is essential that the process of
jury selection is unbiased. When an individual is selected to sit in a jury it is important that they
view the case without bias and their personal opinions. The goal of a juror is to interpret the
evidence presented to them and apply case law to render a verdict. According to Costanzo and
Krauss (2020) “research supports that the most influential factor effecting jurors and trial
outcomes is the presence of persuasive evidence.” Assembling a group of jurors who can fulfill
their responsibilities fairly and effectively remains the purpose of jury selection.
Jury Selection, Juries, and Judges 5
Biblical View
The Bible reminds us to be impartial and that God is impartial regardless of the status or
possessions of an individual. “The rich and the poor meet together; the Lord is the Maker of
them all” (ESV Bible Study, 2008, Proverbs 22:2). This scripture reminds us of God’s impartiality.
“You shall do no injustice in court. You shall not be partial to the poor or defer to the great, but
in righteousness shall you judge your neighbor” (ESV Bible Study, 2008, Leviticus 19:15). This
scripture reminds us that the criminal justice system should be fair regardless of the wealth of
the defendant. This includes potentially regulating the use of trial consultants to ensure they are
effectively representing their clients. “But the wisdom from above is first pure, then peaceable,
gentle, open to reason, full of mercy and good fruits, impartial and sincere” (ESV Bible Study,
2008, James 3:17). This scripture is a reminder of God’s virtues and guidance for Christians in
their own behavior.
Conclusion
Jury selection is a key aspect of our legal system. The criminal justice system is to ensure
that all people are treated equally. Afterall, it was established with the goal of maintaining
equality and fairness for all people. This can be accomplished by continuing to provide all
individuals with an impartial jury and a fair and speedy trial. Jury selection can take quite some
time to finish, and problems can arise such as discrimination and biasness. It is fundamentally
important that those within the criminal justice system remember to act unbiased and without
personal opinions during jury selection. In fact, exhibiting the values of James 3:17 will ensure
that these goals can be met. It is also important to remember that it is the civic duty of all
Americans who are eligible to serve on a jury if they are chosen.
References
Coughlan, S. M. (2019). The (im)partial trial: A trial consultant's role in the venire process.
Brooklyn Law Review, 84(2), 671-
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702. https://brooklynworks.brooklaw.edu/blr/vol84/iss2/9
Costanzo, M., & Krauss, D. (2020). Forensic and legal psychology: Psychological science applied
to law (4th ed.). Worth Publishers.
ESV Study Bible. (2008). Crossway Books.
Holland, B. (2020). Confronting the bias dichotomy in jury selection. Louisiana Law
Review, 81(1), 165-216. https://doi.org/10.2139/ssrn.3725107
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