By Robert A. Bianchi, Esq.

I recently appeared on Fox News to discuss the Boston Bombing trial. While we covered many issues, one critical aspect I’d like to focus on here is jury selection—an art that is often overlooked or undervalued by many attorneys.

Why Change of Venue Rarely Works

Despite significant media attention, motions to change venue are rarely granted in today’s digital age. Everyone has near-instant access to information, making it difficult to find a truly “untouched” jury pool. Venue changes are more commonly granted when there is a conflict of interest that could compromise the court’s impartiality. In one murder case I handled, venue was moved because the victim’s close relative held a high-ranking position within the county court—creating an appearance of impropriety.

In the Boston Bombing case, the defense’s request for a venue change was predictably denied. Now the real work begins: jury selection.

The Critical Importance of Jury Selection

In my view, the jury is the most important element in a trial. Yet many attorneys don’t devote the time or attention necessary to understand the people who will ultimately decide the case.

Jury selection requires a sharp understanding of human nature. You’re making gut-level assessments based on limited information—intuition, common sense, and experience all play a role. Your goal is to select jurors who are willing and able to put aside preconceived notions and decide the case based solely on the facts and the law.

Biases and Fairness

Everyone has biases. That alone doesn’t disqualify someone from serving on a jury. What matters is whether they can set those opinions aside and follow the law as instructed by the judge. Most people, when asked directly, will affirm their ability to do so—even if they personally disagree with the law.

If the court is satisfied, the juror is eligible to serve. Attorneys can then ask that juror be dismissed “for cause,” but it’s ultimately the judge’s call.

How Jury Selection Works in New Jersey

In New Jersey, jury selection starts with written questionnaires that identify any glaring issues with impartiality. The court then randomly selects jurors from the panel to sit in the jury box for further questioning.

Attorneys can request additional questions be asked at sidebar. This private conversation allows for more candid evaluations of a juror’s personality and mindset.

Each side also has a set number of peremptory challenges—which allow an attorney to dismiss a juror without giving a reason, as long as it’s not discriminatory. Knowing how and when to use these challenges is part of the strategy.

Matching Jurors to the Case

Before jury selection begins, skilled attorneys evaluate the nature of the case to determine the type of juror that would be ideal. Is it a technical fraud case? A murder trial? A complex cybercrime with expert witnesses?

While there’s no perfect formula, certain traits are more useful in certain trials. For example, an accountant may be more valuable in a white-collar fraud case than a surgeon would be.

Jury Composition and Alternates

Twelve jurors must unanimously agree on a verdict in New Jersey criminal cases. To avoid a mistrial if someone drops out mid-trial, the court selects 14 jurors. If all 14 remain until the end, two are randomly chosen as alternates and do not participate in deliberations—unless one of the main 12 is excused.

If a juror is replaced, the judge must instruct the jury to begin deliberations from scratch, so the alternate can fully participate in the decision-making process.

Verdicts and Hung Juries

Juries can deliver one of three outcomes:

  1. Guilty

  2. Not Guilty

  3. No unanimous decision (a “hung jury”)

In the case of a hung jury, judges often urge jurors to continue deliberating—carefully reminding them not to surrender their beliefs just to reach a verdict. If the deadlock continues, the court may have to declare a mistrial.

What Happens After a Guilty Verdict

If convicted of a crime that carries prison time, the defendant’s bail is usually revoked, and they are remanded to county jail to await sentencing. At that point, the presumption of innocence no longer applies, and the defendant is considered a higher flight risk.

Final Thoughts

Jury selection is a foundational part of the trial process—and one of the most strategic elements. Great prosecutors and criminal defense attorneys know this and approach the process with the care and attention it deserves.