Defense lawyers do not get to choose their jurors. They get to remove some — and the skill is in figuring out which ones. Brian Foley explains the process in this video.
Two kinds of strikes
Challenges for cause are unlimited but require a legal basis: the juror cannot presume innocence, would require the defendant to testify, cannot consider the full punishment range, or has a bias from personal experience. To win one, the lawyer has to get the juror to say it out loud — which means asking questions that invite honesty rather than agreement.
Peremptory strikes — ten per side in a felony, three in a misdemeanor — can be used for any reason except race or gender. They are spent on the jurors the lawyer could not remove for cause but does not trust.
Getting people to talk
Nobody wants to admit bias in front of forty strangers. So the lawyer asks about experiences, not opinions: "Has anyone here been the victim of a burglary? Tell me about it." "Who has a family member in law enforcement?" "Who thinks a person would not be arrested if they had not done something?" Then the lawyer listens — to the answer, the hesitation, and the people nodding along.
What the defense is looking for
Not jurors who will vote not guilty no matter what; those get struck by the State. The defense wants people who will actually hold the State to its burden, who understand that a police officer can be honest and wrong, and who are comfortable saying "not guilty" if the evidence does not get there. Those people exist on every panel. Voir dire is about finding them before the strikes are made.
Brian Foley and Luis Baez selected juries as prosecutors before selecting them for the defense. Call or text (409) 877-4909 for a free consultation.