Voir dire is used to determine if any juror is biased and/or cannot deal with the issues fairly, or if there is cause not to allow a juror to serve (knowledge of the facts, acquaintanceship with parties, witnesses or attorneys, occupation which might lead to bias, prejudice against the death penalty, or previous experiences such as having been sued in a similar case).
What to expect in voir dire?
Voir dire is used to determine if any juror is biased and/or cannot deal with the issues fairly, or if there is cause not to allow a juror to serve (knowledge of the facts; acquaintanceship with parties, witnesses or attorneys; occupation which might lead to …
What to ask in voir dire?
· 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 are common voir dire questions?
😎😅😢 Voir dire is the process used by the parties to select a fair and impartial jury. During voir dire, the jury panel is questioned by both parties' lawyers. The questions are intended to help the lawyers in the jury selection process. 😎😅😢 Secondly, how does voir dire work?
What role does voir dire play in a jury trial?
· The Importance of Voir Dire. Dec. 30th, 2014 / Auto Accident, Boat and Cruise Ship, Dog Bites, Medical Malpractice, News, Nursing Home Neglect, Premises Liability, Product Liability, Slip and Fall, Trial Guides, Wrongful Death. Voir dire is the process during which lawyers question potential jurors in order to determine their ability to be objective members of a jury during a …
What is the purpose of voir dire of a witness?
"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 qualifications before being allowed to present their opinion testimony in court.
What is the purpose of voir dire quizlet?
Voir dire allows attorneys: and judges to question potential jurors to determine their acceptability to serve on a jury. An attorney may use a peremptory challenge to: dismiss a potential juror without giving a reason.
Does voir dire guarantee a fair trial?
An effective voir dire protects the litigant's right to trial by fair and impartial jurors as guaranteed in criminal and civil cases by Article I, sections 11 and 17 of the Oregon Constitution. The right to a fair and impartial jury is a right that “is and should be guarded zealously by the courts.” Lambert v.
What is an example of voir dire?
For example: Mary's aunt was killed by a drunk driver 10 years ago. During the voir dire process, the defense attorney asks Mary if she has ever known anyone who was involved in a drunk driving accident. Upon learning of Mary's aunt, the attorney dismisses Mary from the jury pool.
What are two types of challenges an attorney can make during voir dire quizlet?
The attorneys may challenge some jurors and ask the Court to excuse them from the trial. There are two types of challenges; challenge for cause and peremptory challenge.
What standard of proof is necessary for defendant guilty?
"Beyond a reasonable doubt" is the highest legal standard. This is the standard the U.S. Constitution requires the government to meet in order to prove a defendant guilty of a crime.
What are the three main steps to the voir dire process?
Conducting the voir dire can be maximized by following five stepsStep 1: Case analysis. The best voir dire is derived from a solid case analysis. ... Step 2: Advance preparation. ... Step 3: Voir dire questionnaires. ... Step 4: In court. ... Step 5: Keeping track of information.
Why are voir dire hearings sometimes useful in legal trials?
The fundamental purpose of a voir dire is to determine the admissibility of disputed evidence separate from the merits of the trial. The separation from the trial permits and exploration and testing of the evidence without affecting the integrity of the trial process.
Is voir dire in the constitution?
Superior Court,' the United States Supreme Court held that the first amendment erects a presumption in favor of public access to the voir dire examination of potential jurors in criminal trials.
How do you perform a voir dire?
Frederick provided 11 tips on how to effectively conduct voir dire:Adopt the proper orientation. ... Set the stage for jurors. ... Get them talking. ... Ask open-ended questions. ... Avoid the Socially Desirable Response Bias. ... Focus on difficulty vs. ... Use alternative route to uncover bias. ... Design questions using “bad” answers.More items...
What types of questions are asked in voir dire?
In voir dire, you should ask questions about jurors' attitudes and beliefs. You want to ask about people's views on government regulations, corporations and jury damage awards. Ask questions in such a way that the people who raise their hands are the jurors you who will ultimately disagree with your 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.
Can the opposing side object to a peremptory challenge?
Can the opposing side object to a peremptory challenge? No. No one can object.
Under what circumstances can a writ of habeas corpus be used quizlet?
A writ of habeas corpus is used to bring a prisoner or other detainee before the court to determine if the person's imprisonment or detention is lawful or if it is unlawful.
Do diversion programs allow a defendant to enter treatment instead of trial?
Diversion programs allow a defendant to enter treatment instead of trial. A defendant's options for a plea are guilty, not guilty, or nolo contendere. Critics suggest that bail is costly because the government must pay to detain poor offenders who would otherwise remain in the community.
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 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 .
What is the purpose of voir dire?
In the U.S., the voir dire process is used to choose jurors for a civil or criminal trial that are likely to be impartial and fair in their judgment. Questions are intended to weed out people who have strong opinions about the subject matter, who already have personal knowledge about the case, or who may have a bias for or against either party to the trial. Individuals who work in certain professions, such as law enforcement, are often dismissed, as they tend to have preconceived ideas about certain issues, especially in criminal matters. In a criminal trial, a potential juror who is prejudiced against the punishment that might be levied, should the defendant be found guilty, is likely to be dismissed.
What is an expert witness?
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 about his qualifications, what institutional employment he has held, and perhaps what expert publications he has made that qualify him to offer expert testimony. This is known as voir dire of an expert witness.
Why is Mary a potential juror?
Mary has been called as a potential juror in the case of a fatal accident caused by a drunk driver. The driver is being tried for two counts of second degree murder. Mary’s aunt was killed by a drunk driver 10 years ago. During the voir dire process, the defense attorney asks Mary if she has ever known anyone who was involved in a drunk driving accident. Upon learning of Mary’s aunt, the attorney dismisses Mary from the jury pool. This is because she is highly likely to be biased against the defendant before ever hearing any evidence.
Can a potential jury be dismissed?
Potential jurors may be dismissed from the jury pool on one of two grounds: (1) they may be dismissed for “cause,” or (2) they may be dismissed on a “ peremptory challenge .”. When a potential juror has some conflict or bias, such as Mary’s experience with a drunk driver, he is likely to be dismissed “for cause.”.
What is a defendant in a lawsuit?
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.
What are the legal issues?
Related Legal Terms and Issues 1 Bias – A preconceived opinion that prevents a person from impartially evaluating facts that have been presented for determination; a prejudice. 2 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. 3 Jurisdiction – The legal authority to hear legal cases and make judgments; the geographical region of authority to enforce justice.
What is a voir dire?
In American jurisprudence, voir dire is an important part of the jury selection process. During voir dire, prospective jurors are asked a series of questions to determine whether or not they are fit to serve on the jury. Lawyers for both sides and the trial judge may ask questions and dismiss jurors, and it is hoped that the end result ...
How many jurors are there in the voir dire?
As individual jurors are struck from the jury box, new jurors are led up to take their places. By the end of the voir dire process, there should be 14 impartial jurors selected by mutual agreement between lawyers and the judge.
What is jury duty?
Jury duty is a task which all Americans are expected to perform when they are called. Voir dire is a French term which means “to speak truth,” and it is pronounced more or less as “vwar dear.”. In some regions, people use terms like “jury examination” or “jury selection” instead of voir dire. In addition to being used in the context ...
What is a jury?
A jury is a group of citizens who are tasked with determining whether an accused party is guilty or not guilty. The process of voir dire starts with calling a large number of jurors. Many Americans are familiar with jury duty, a task which all Americans are expected to perform when they are called. Typically, the court calls far more jurors ...
Who is Mary McMahon?
Ever since she began contributing to the site several years ago, Mary has embraced the exciting challenge of being a MyLawQuestions researcher and writer . Mary has a liberal arts degree from Goddard College and spends her free time reading, cooking, and exploring the great outdoors.
What degree does Mary have?
Mary has a liberal arts degree from Goddard College and spends her free time reading, cooking, and exploring the great outdoors.
What is a voir dire?
Voir dire was too often an exercise conducted with disinterest in the jurors, used by lawyers to indoctrinate or inoculate. It often accomplished little more than extracting hollow promises of fairness, frequently reduced to little more than head-nodding. The best voir dire is derived from a solid case analysis.
What is the California Rules of Court?
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. Rule 3.1540 (c) states,
What is the second goal of voir dire?
The second goal of voir dire flows logically from the first: counsel should garner information for effective use of strikes. A "strike" is a directive that a certain juror shall not sit on a particular jury. Strikes come in two varieties: strikes for cause and peremptory strikes.
Do you have a right to a jury trial?
According to the United States Constitution, if you are charged with a crime punishable by incarceration, you likely have a right to a trial by jury. Moreover, defendants have a right to a jury that is impartial or free from prejudice against the accused. There must, however, be a process for discerning bias, and the process common law courts use is known as "voir dire." In essence, voir dire is a method of jury selection wherein the judge and/or the attorneys ask prospective jurors questions in order to ferret out bias.
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).
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 depreciated 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 Jonesas …
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.
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 witnessesare questioned about their backgrounds and qualific…
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
Definition of Voir Dire
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…
Use of Voir Dire
- In the U.S., the voir dire process is used to choose jurors for a civil or criminal trial that are likely to be impartial and fair in their judgment. Questions are intended to weed out people who have strong opinions about the subject matter, who already have personal knowledge about the case, or who may have a bias for or against either party to t...
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.
