- What:questioning to pick jurors.
- For cause:removes biased jurors.
- Peremptory:limited, no-cause strikes.
- Batson:no race/gender strikes.
Jury selection — called voir dire — is the process of questioning potential jurors and removing those who can't be fair, and it can shape a criminal trial before any evidence is heard. Through challenges for cause and a limited number of peremptory challenges, both sides help shape the jury, within constitutional limits on how jurors may be struck. For many cases, who ends up in the jury box is one of the most important factors in the outcome. Here's how it works.
What Voir Dire Is
Voir dire is the questioning of prospective jurors to determine whether they can be fair and impartial. The court and the attorneys ask about backgrounds, experiences, and attitudes that might affect how a juror would view the case. The goal is to seat an impartial jury and to identify jurors who should be removed.
What this means for you: Jury selection is not a formality. The attitudes and experiences jurors bring can influence how they hear the evidence, so careful voir dire is a meaningful part of trial defense.
Challenges for Cause
A challenge for cause asks the court to remove a juror who cannot be fair — for example, someone with a clear bias, a relationship to a party or witness, or a fixed opinion about the case. There is no limit on the number of for-cause challenges, but the judge must agree the juror should be removed.
Peremptory Challenges
Each side also gets a limited number of peremptory challenges — strikes that can be used without stating a reason. They let the parties remove jurors they're concerned about even without grounds for a for-cause challenge. The number available depends on the type of case.
The Limit: No Discriminatory Strikes
Peremptory challenges are not unlimited in how they can be used. Under Batson v. Kentucky, a peremptory strike cannot be based on a juror's race, and the principle extends to other protected characteristics. If one side suspects a strike was discriminatory, it can raise a Batson challenge, requiring the striking party to give a neutral reason.
What this means for you: The right to strike jurors is real but bounded. Discriminatory use of peremptory challenges is unconstitutional and can be challenged in real time.
Why Jury Selection Matters So Much
By the time evidence begins, the composition of the jury is set. Identifying bias, removing jurors who can't be fair, and thoughtfully using limited challenges can shape the panel that decides the case. In close cases especially, jury selection can be decisive.
How It Fits the Trial Process
Voir dire is the gateway to trial, where the State must prove guilt beyond a reasonable doubt. After the jury is seated, the case proceeds through evidence to jury instructions and deliberation. Each stage builds on the one before, which is why getting the jury right at the start matters.
Updated May 18, 2026 · Law verified as of June 17, 2026. This article is general information about Minnesota law, not legal advice.
Frequently Asked Questions
What is voir dire?
The process of questioning prospective jurors to determine whether they can be fair and impartial, and removing those who cannot, in order to seat an impartial jury.
What's the difference between a challenge for cause and a peremptory challenge?
A challenge for cause removes a juror who cannot be fair and must be approved by the judge, with no numerical limit. A peremptory challenge removes a juror without stating a reason but is limited in number.
Can a juror be struck for any reason?
No. Under Batson, a peremptory strike cannot be based on race, and the principle extends to other protected characteristics. A Batson challenge can require a neutral explanation.
How many peremptory challenges does each side get?
A limited number set by the Rules of Criminal Procedure, which can vary by case type. The current number should be confirmed against current rules.
Does jury selection really affect the outcome?
It can be decisive, especially in close cases. The attitudes and experiences jurors bring shape how they hear the evidence, so careful voir dire is an important part of trial defense.
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Read the guideThe information on this article is for general informational purposes only and is not legal advice. Reading this article does not create an attorney-client relationship.