Jury selection in a Massachusetts criminal trial is a critical stage in any case. Because a defendant cannot be convicted unless a jury must unanimously find that a defendant was guilty of the crime charged, both prosecution and defense put a significant amount of effort into selecting jurors through a process called “voir dire.”
The voir dire process is guided largely by the judge overseeing the case. Generally, each side presents questions that they would like to ask potential jurors. The judge can approve or disapprove of specific questions, and may alter the phrasing on certain questions. Some judges allow counsel to ask the questions, while other judges ask the potential jurors the questions themselves. Of course, judges must follow certain statutory and constitutional principles during the process.
In a recent state appellate decision, the court affirmed the conviction of a defendant who was found guilty of indecent assault and battery, rejecting the defendant’s challenge to the lower court’s decision not to allow him to ask certain questions of the jury. Specifically, the defendant wanted to ask the jurors whether they had a bias against non-English speakers.