Diddy Trial is Here, Picking a Jury Will Be Major Challenge

Diddy will finally face a jury of his peers who will determine his fate for the rest of his life ... but finding the right jury -- for each side -- is gonna be a Herculean task.

The defense will have a much more difficult time, because there's no such thing as an unbiased jury. Good luck finding a prospective juror in New York City -- or anywhere else in this country, for that matter -- that hasn't formed an opinion about this case.

Since the public view is Diddy is guilty, prosecutors have a big edge. As for the defense, the way to go about asking questions regarding bias is NOT simply asking if a prospective juror can have an open mind. The way to do it ... they ask if prospective jurors have ever held a view that was important to them but were able to change their mind, and they need to be specific.

The other thing that's in play here is pre-trial publicity regarding celebrity sex tapes and sex involving minors. Lots of folks think both will play a role in the criminal case -- it won't. There are no celeb sex tapes and none of the criminal charges involve minors. Weirdly, that could actually help the defense, because a lot of jurors expect to hear about this and when they don't they could feel prosecutors fell short.

This point became a big talking point between Harvey and Mark Geragos on the most recent "2 Angry Men" podcast.

There are other factors to consider ... the Cassie video could seal Diddy's fate, even though he's not being charged for the brutality seen on the video. But, it certainly tells a powerful story ... in TMZ's latest "Downfall of Diddy" documentary, we presented the case to a mock jury and a number of jurors said their thought process began and ended with the video.

There are also logistical issues ... a number of prospective jurors will be excused for hardship reasons -- sitting through a 2-month trial during the summer is a deal breaker for many. Many will be excused because they can't overcome their biases. So the pool will almost immediately shrink.

Race will inevitably play a huge part in the case -- it'll be interesting to see what each side wants in terms of diversity.  Likewise, it's a dice roll in deciding whether men or women will be harsher/more sympathetic to Diddy.