Can My Lawyer Help Me Overcome Jury Bias Against Me?

 Posted on January 09, 2025 in Criminal Defense

While many criminal cases in Illinois are settled out of court, many others go to trial for a judge and jury to decide the outcome. When your fate will be decided by a jury, it is crucial to understand the jury selection process and ensure that you are not punished for any biases jurors have against you. If you are concerned that you may face an unfair trial due to jury bias, speak with a qualified Kane County, IL criminal defense lawyer to understand your options.

How Can the Jury Impact the Fairness of My Trial?

The Sixth Amendment of the U.S. Constitution protects your right to a fair trial. That means that the judge and jury on your trial need to be receptive to all the facts and be impartial when reviewing your case. If a juror is biased, his personal opinions can lead him to judge you unfairly regardless of the evidence demonstrating your innocence. If he is prejudiced against people in a certain ethnic group, and you are a member of that group, it is unlikely he will believe you and might automatically assume the worst about you.

On the other hand, jurors who hold no biases about you, your background, or your circumstances are more likely to observe the case as it unfolds and judge every argument on its own merits rather than based on their opinions about you. When this does not happen, it can be hard to imagine that you will be given a fair trial.

Bias During Jury Selection

When someone gets a summons in the mail to appear for jury duty, that does not mean they will end up serving as a juror. Instead, they are subjected to a process called "voir dire," where the prosecution and defense question potential jurors about anything that could impact them during the case. 

They can be asked about their personal views, preconceived ideas, professions, background, whether they were a victim of a similar or other crime in the past, or anything else that either side of the case might think could sway their perception. When jurors feel strongly about an issue in your case, it could impact their judgment and your lawyer can flag this.

Challenging Biased Jurors

If you think a potential juror might be biased against you, your lawyer has a couple of options for getting her removed from the jury panel:

• Challenging for cause: Sometimes, a potential juror exhibits a clear bias by admitting that they are inherently judgmental about people who share characteristics with you or they feel strongly against anyone accused of the crime in question. If that happens, your lawyer can ask the judge to excuse her from serving on the jury for your trial.

• Peremptory challenge: Lawyers are also entitled to remove jurors without needing to provide a reason. However, they are limited in terms of how many times they can do this so they need to be cautious when considering this measure.

Schedule a Free Consultation with an Aurora, IL Criminal Defense Lawyer

Jury bias is a problem in any trial, but a sharp Elgin, IL criminal defense attorney with experience in similar cases can address it and help overcome it. At The Law Office of Brian J. Mirandola, we are dedicated to passionately defending our clients and protecting their rights regardless of the charges. Call 847-488-0889 to schedule a free consultation to hear more about how we can best serve you.