Struck jury

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A struck jury is a multi-step process of selecting a jury from a pool. First potential jurors are eliminated for hardship. Second jurors are eliminated for cause by conducting voir dire until there is a pool available that is exactly the size of the final jury (including required alternates) plus the number of peremptory challenges available to each side. Then the two sides exercise their peremptory challenges on the remaining pool, usually alternating.^[1] This procedure "has its roots in ancient common law heritage".^[2]

Commentators have offered the following (and other) advantages of a struck jury over a "strike and replace" jury:

• It is capable of producing a less biased jury than the alternative;
• There is no reason to hold back on use of peremptories because lawyers have full knowledge of who will remain on the panel;
• Remedying an alleged Batson violation is easier, since court and counsel can view all the strikes and a ruling can be made before any juror is excused.^[3]