The only time I was ever called for jury duty while waiting with potential Jurors I spoke to one who essentially said that she believed that a trial would only happen if the cops had definitive proof and as such anyone who made it to trail was surely guilty. I tried to point out that was antithetical to the very concept of innocent until proven guilty but she stayed committed to her view.

As it would happen I, and all the others waiting with me, were dismissed without ever being called in as potential jurors and as such her sentiment didn't mean much that day. However I'm wondering if we had been needed, and the women in question didn't exclude her self by stating she believed anyone on trial was guilty during jury selection, what would the appropriate steps, if any, I as a fellow juror could have taken to indicate I felt the sentiment expressed by the women should be known and potentially rule her out as a juror?

Assuming I could have said something during jury selection would my speaking out have resulted in my also likely being removed as potential juror?

1 Answer 1


Don't be prejudicial

You have no idea if this person would be suitable to be on a jury based simply on this conversation. You need to wait until you are sharing the jury room and look at the way they actually behave.

Once empanelled, the judge will give an opening address, the jury will be given a jury booklet and a DVD, and written directions. All of which explains their role and duties. All of this is intended to disabuse jurors of any misconceptions they may have about the process.

One of the duties that the materials explain is reporting irregularities, including: "that a juror is refusing to participate in the jury’s functions" and "that a juror appears to lack the ability to be impartial."

If this describes the behaviour you witness in the jury room, you must report it. What happens next is up to the judge.

  • 3
    "You have no idea if this person would be suitable to be on a jury based simply on this conversation" — Isn't judging suitability based on a conversation the whole point of voir dire?
    – jwodder
    Aug 10, 2023 at 1:32
  • @jwodder the OP isn’t a lawyer on the case
    – Dale M
    Aug 10, 2023 at 5:30

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .