What should be the purpose of voir dire?
Voir Dire
- Definition of Voir Dire. A pre- trial examination or questioning to determine the suitability of a juror.
- History of Voir Dire in the U.S. ...
- Jury Duty in the U.S. ...
- Use of Voir Dire. ...
- Voir Dire of Expert Witnesses. ...
- Common Voir Dire Questions. ...
What role does voir dire play in a jury trial?
What is voir dire & why is it important? Voir dire is the process of examining potential jurors to determine whether they are fit to serve for a particular trial. For trial lawyers, the goal of the voir dire process is to ensure that no members of the jury are harboring any biases that could jeopardize the outcome of the case.
What happens during voir dire?
- Specialized knowledge of any sub-topics within the field;
- Any additional degrees, licenses, or training beyond the minimum education required;
- Specific duties and responsibilities in current position;
- Number of years working in the particular practice area, and a breakdown of each different position and what it entailed;
What are common voir dire questions?
Voir Dire Considerations for Defense Counsel There are general questions of jurors that can be addressed in every case. More specific questions are formed by your theory of the case. In that sense, the type of juror that you want depends upon the nature of your defense. Are you defending on liability, damages, or both?
What is voir dire and how does it work?
Voir dire is the process of examining potential jurors to determine whether they are fit to serve for a particular trial. For trial lawyers, the goal of the voir dire process is to ensure that no members of the jury are harboring any biases that could jeopardize the outcome of the case.
When in his trial process does voir dire occur?
Voir dire is the process of jury selection. In order to appear for jury duty, citizens receive a notice in the mail. If they are ordered to appear, they arrive at the courthouse and sign in. Then, if there is a trial that will be beginning that day, they go into the courtroom and take part in the process of voir dire.
What does voir dire mean literally?
to see to sayOctober 2021) Voir dire (/ˈvwɑːr dɪər/; often /vɔɪr daɪər/; from an Anglo-Norman phrase meaning literally "to see to say" or better translated "see what will be said") is a legal phrase for a variety of procedures connected with jury trials.
Why is the voir dire process important?
For both the defense and prosecution, voir dire constitutes a very important part of a jury trial. Effective voir dire can work to identify jurors who can be fair and impartial, rather than unfair and biased regarding a particular party or the entire criminal justice system.
Who asks questions during voir dire?
California Rules of Court, rule 3.1540(a) requires the trial judge to examine prospective jurors, orally, by written questionnaire, or both. Once the trial judge has completed that task, the attorneys must be permitted to ask additional questions.
Does voir dire mean to speak the truth?
The term “voir dire” is a phrase derived from French meaning to “speak the truth.” It refers to the process by which possible jurors are questioned about their backgrounds and potential biases before being chosen to sit on a jury.
What is the purpose of voir dire of an expert witness?
The voir dire process refers to testimony that establishes an expert's qualifications. Likewise, a voir dire cross-examination by opposing counsel aims to discredit and preclude the expert from testifying. Failing to properly qualify an expert can thwart the testimony before it even begins.
What is voir dire quizlet?
Voir dire. "to speak the truth"; process by which the actual jury is selected through a series of questions given by the judge and lawyers; pretrial interview.
What are the 7 steps of a trial?
7 Stages To A Criminal TrialVoir Dire. Voir Dire is a fancy French word used to name jury selection. ... Opening Statement. After the jury is empaneled, the trial will begin with opening statements. ... State's Case in Chief. ... The Defense Case. ... State's Rebuttal. ... Closing Arguments. ... Verdict.
What happens at trial stage?
Trial Stage - seating of the jury, testimony on behalf of the plaintiffs and testimony on behalf of the defendants. Post Trial - concluding arguments, judge's charge to the jury, jury deliberations, announcement of judgment, motions for new trial or appeal.
What is voir dire quizlet?
Voir dire. "to speak the truth"; process by which the actual jury is selected through a series of questions given by the judge and lawyers; pretrial interview.
Why are voir dire hearings sometimes useful in legal trials?
Secondly, since the voir dire is a separate proceeding, this hearing may also allow the opportunity to ask a question of a police officer that you are uncertain you wish to confront him with in front of the jury, or can, in rare cases, create another record used to later confront the witness at the trial proper.
What are the key strategies for a successful voir dire?
There are four key strategies I recommend following for a successful voir dire. They can be quickly summed up as: FLEaT, or Fearless, Listen, Empathize (this work starts WAY before the trial and starts at home) and Trust.
How to deal with bias in voir dire?
Here are the three tips to effectively deal with bias during voir dire: 1. Educate potential jurors about how bias works. Use an analogy to give jurors a crash course on how bias works . Once they get it, they are much more likely to admit they can’t be completely fair and impartial.
Why are there not enough peremptory challenges?
Usually there are not enough peremptory challenges to deal with all the biased panelists. Besides, you are not supposed to have to exhaust peremptory challenges to excuse jurors who can’t be impartial. Peremptory challenges are meant to be used on unbiased jurors to deal with other concerns.
How are potential jurors selected?
Potential jurors are randomly selected from a pool of people who show up for jury duty. The judge asks standard questions to ensure that everyone is capable of serving on a jury (they’re a U.S. citizen, don’t have any hardships that would prevent them from sitting through the entire trial, etc.).
What is biased juror?
Most biased jurors are good people who simply have opinions, feelings or beliefs that would make it hard for them to be completely fair and impartial in your case. The problem is they don’t understand how subtle bias can have a big impact, unintentionally. They think if you have a good case, their bias won’t matter.
Do you listen to the jury's answers?
If you are thinking about the next question you are going to ask or standing in fear of some juror saying some horrible thing about your case out loud, you are not listening to the jurors’ answers to your questions.
Is a cause strike a peremptory?
An honest answer that reveals enough of an attitudinal bias may be grounds for a cause strike, a peremptory if cause does not satisfy the cause threshold, or at the very least a better understanding of the attitudes and worldviews of the prospective juror.
What is the process called when jurors are asked to testify in court?
The process called “voir dire” consists on selecting jurors for a case hearing, and this is one of the most important parts of a trial for attorneys, since in this process expert witnesses are questioned to know who they are before being allowed to present their opinion testimony in court.
Can you be selected for jury duty if you have been in a car accident?
So, if you answered “yes” to being in a car accident before, the attorneys may want to know more about that. What some people may not know is that you don’t really get “selected” for the jury. The jurors who end up on the panel for trial are actually the jurors that the attorneys did not remove from the jury pool.
What is a voir dire?
It is a hearing to determine the admissibility of evidence, or the competency of a witness or juror. As the subject matter of the voir dire often relates to evidence, competence or other matters that may lead to bias on behalf of the jury, the jury may be removed from the court for the voir dire .
What does "Voir dire" mean?
Voir dire ( / ˈvwɑːr dɪər /; often / vɔɪr daɪər /; from an Anglo-Norman phrase meaning "speak the truth") is a legal phrase for a variety of procedures connected with jury trials. It originally referred to an oath taken by jurors to tell the truth ( Latin: verum dicere ); i.e., to say what is true, what is objectively accurate or subjectively honest, or both.
What does "veritatem dicere" mean?
William Blackstone referred to it as veritatem dicere, which was translated by John Winter Jones as "To speak the truth". However, the expression is now often interpreted by false etymology to mean "to see [them] say". The term is used (as le voir-dire) in modern Canadian legal French.
What is the legal process in Inherit the Wind?
The play Inherit the Wind has an example of the legal process in terms of jury selection where the attorney for the defense , Henry Drummond, struggles to arrange a reasonably unbiased jury in a small town where the public sentiment is blatantly favoring the prosecution. However, the play has Drummond forced to entirely use his limited number of peremptory challenges to weed-out prospective jurors, even when they are so obviously prejudiced in the prosecution's favor to the point of bellowing their opinions on the stand that most should be struck for cause .
Can a jury be present during a voir dire?
The jury is never present during a voir dire . In Australia, the rule about voir dire is in section 189 of the Evidence Act 1995 (Cth): "On a voir dire parties can call witnesses, cross-examine opponent's witnesses and make submissions- as they might in the trial proper.".
Questioning the Jurors
When a trial is called, randomly selected jurors called venire are seated in the courtroom. Here, a trial judge begins the process of voir dire, asking each juror different questions. This process is to make sure they’re qualified to serve as the jury and that the service will not harm them.
Challenges to the Venire
Once questioning is completed, any unqualified jurors will be removed from the venire. Lawyers do this by making peremptory challenges and challenges for cause.
Challenges for Cause
This type of challenge is only made if a juror is found to be unqualified to act as a jury. Generally, lawyers can make an infinite amount of “for cause” challenges.
Peremptory Challenge
This type of challenge does not require the lawyer to have a reason to dismiss a potential juror. Peremptory challenges allow lawyers to remove jurors that may be qualified but seem to favor a party. However, peremptory challenges cannot be made based on the juror’s race or class.
Why do jurors ask questions in voir dire?
In the voir dire process, prosecutors and defense attorneys ask members of the jury pool questions to determine whether or not they want those jurors to remain on the jury pool. In federal court, the judge often asks most of the questions. For example, if a prospective juror clearly indicates that they are biased either for or against law ...
What is a challenge to remove prospective jurors?
There are two types of challenges to remove prospective jurors. The first is a for-cause challenge. These are used to remove those people who clearly evince an obvious bias and cannot decide a case impartially.
What is a peremptory challenge?
This means that an attorney can strike the juror peremptorily for any reason, such as simply a hunch that the person would not be a good juror for their side. While lawyers have broad leeway with their peremptory challenges, they do have unfettered discretion.
Is a peremptory challenge a jury selection practice?
Second, the defendant is entitled to rely on the fact, as to which there can be no dispute, that peremptory challenges constitu te a jury selection practice that permit s "those to discriminate who are of a mind to discriminate.".
Definition of Voir Dire
- Pronounced vwahr deer Noun 1. A pre-trial examination or questioning to determine the suitability of a juror. Origin 1676 Anglo-French
History of Voir Dire in The U.S.
- Historically, the legal term voir dire referred to an oath required of all jurors to tell the truth, or to say what is true. This meant that the juror promised to be impartial and honest in hearing testimony, viewing evidence, and in rendering judgment. In past centuries, a challenge against any potential juror would be tried by other jurors already chosen, rather than by decision between th…
Jury Duty in The U.S.
- Every American citizen has a duty to serve on a jury if requested, and lists of potential jurors in each jurisdictionare compiled by the court. Jury pools are obtained from such sources as voter registration, the department of motor vehicles, records of the Secretary of State, and sometimes records from the department of public health. This mandatory service is necessary to guarante…
Voir Dire of Expert Witnesses
- During both civil and criminal trials, either party may introduce expert witnesses to give testimony about any variety of issues. This may range from testimony as to the accuracy of certain scientific or forensic testing procedures, to medical testimony about a party’s condition. Any time a witness is called as an expert in some field, the opposing party has an opportunity to first question him a…
Common Voir Dire Questions
- When questioning potential jurors, the parties, or their attorneys, have four goals in mind: 1. Educate jurors on important trial concepts 2. Obtain information from each juror 3. Develop a connection with each juror 4. Sway jurors to consider the case from their point of view To that end, each attorney may ask prospective jurors a wide variety of voir dire questions, though there …
Related Legal Terms and Issues
- Bias– A preconceived opinion that prevents a person from impartially evaluating facts that have been presented for determination; a prejudice.
- Defendant– A party against whom a lawsuit has been filed in civil court, or who has been accused of, or charged with, a crime or offense.
- Jurisdiction– The legal authority to hear legal cases and make judgments; the geographical r…
- Bias– A preconceived opinion that prevents a person from impartially evaluating facts that have been presented for determination; a prejudice.
- Defendant– A party against whom a lawsuit has been filed in civil court, or who has been accused of, or charged with, a crime or offense.
- Jurisdiction– The legal authority to hear legal cases and make judgments; the geographical region of authority to enforce justice.
Overview
Voir dire is a legal phrase for a variety of procedures connected with jury trials. It originally referred to an oath taken by jurors to tell the truth (Latin: verum dicere or "speak the truth"). This term is also used informally to describe the practice of jury selection in certain jurisdictions.
United States
In the United States, voir dire is the process by which prospective jurors are questioned about their backgrounds and potential biases before being chosen to sit on a jury. "Voir Dire is the process by which attorneys select, or perhaps more appropriately reject, certain jurors to hear a case." It also refers to the process by which expert witnesses are questioned about their backgrounds and qualific…
Etymology
According to the American Heritage Dictionary, it comes from the Anglo-Norman language.
The word voir (or voire), in this combination, comes from Old French and derives from Latin verum, "[that which is] true". It is related to the modern French word voire, which in a deprecated use can mean "indeed", but not to the more common word voir, "to see", which derives from Latin vidēre. William Blackstone referred to it as veritatem dicere, which was translated by John Winter Jones as …
Historic use
In earlier centuries, a challenge to a particular juror would be tried by other members of the jury panel, and the challenged juror would take an oath of voir dire, meaning to tell the truth. This procedure fell into disuse when the function of trying challenges to jurors was transferred to the judge.
Commonwealth countries, Ireland and Hong Kong
In England and Wales, Cyprus, Hong Kong, Ireland, Australia, New Zealand, Papua New Guinea and Canada, it refers to a "trial within a trial". It is a hearing to determine the admissibility of evidence, or the competency of a witness or juror. As the subject matter of the voir dire often relates to evidence, competence or other matters that may lead to bias on behalf of the jury, the jury may be removed from the court for the voir dire.
See also
• Law French
• Strike for cause
External links
• Sample Voir Dire to Jury—United States Department of Justice (via Wayback Machine)
• Getting Jurors to Talk