Fair and Impartial Jury Law & Legal Definition


Judges whose actions and decisions are free of bias or prejudice constitute a fair and impartial jury. All people, regardless of race, religion, sex, national origin, or economic status, have the right to a trial by a fair and impartial jury

As an example, the Supreme Court of North Dakota has identified eight factors to evaluate the selection of a fair and impartial jury. They are:

(1)whether the publicity was recent, widespread, and highly damaging to the defendant;

(2)whether the prosecution was responsible for dissemination of the objectionable material;

(3)the extent of inconvenience to the prosecution;

(4)whether a substantially better panel could be sworn elsewhere;

(5)the nature and gravity of the offense;

(6)the size of the community;

(7)the defendant's status in the community; and

(8)the popularity and prominence of the victim. [State v. Ellis, 2000 ND 177, P12 (N.D. 2000)]