Voir dire
Voir dire is a critical legal process used during jury selection to ensure the impartiality of jurors in a trial. Originating from the French phrase meaning "to speak the truth," voir dire involves questioning prospective jurors to identify any biases or prejudices that could affect their judgment. This process is particularly vital in high-profile cases, where public perception can influence potential jurors' views. During voir dire, attorneys for both the defense and prosecution can use two types of challenges: challenges for cause and peremptory challenges. Challenges for cause are unlimited and require a valid reason for juror exclusion, while peremptory challenges are limited in number and do not require justification. Historically, peremptory challenges have sometimes been misused to exclude jurors based on race or gender, a practice that is now illegal. Overall, voir dire aims to uphold the integrity of the judicial system, allowing for a fair trial by fostering a jury that can objectively evaluate the case.
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Voir dire
SIGNIFICANCE: The process of empaneling jurors can be one of the most important and most difficult tasks during a trial.
A French legal phrase, voir dire means “to speak the truth.” It is the process by which prospective jurors are questioned to determine whether they hold any biases or prejudices that might interfere with their role as objective jurors. The circumstances of cases or high-profile status of persons involved in cases make it difficult at times for jury selection to remain bias-free. Voir dire allows defense attorneys and prosecutors to eliminate jurors whom they believe are biased or who may be unlikely to accept their sides’ versions of events. This is done using two types of challenges—challenges for cause and peremptory challenges.
Challenges for cause can be made by either set of attorneys and are unlimited in number. However, judges make the final decisions about excusing specific prospective jurors. Challenges for cause are rarely made and are rarely granted.
Peremptory challenges are made by either side and are limited in number. However, judges are not involved in these decisions to exclude jurors. Peremptory challenges are strategically used and require no explanation to the judges. In the past, such challenges were used systematically to remove jurors on the basis of their race or gender—a practice that is now legally prohibited.
As with other aspects of the trial process, voir dire exists to protect the integrity of the criminal justice system. It is meant to allow citizens to participate in the trial process while allowing that process to be as unbiased and impartial as possible.
Bibliography
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Browning, John G. "Should Voir Dire Become Voir Google? Ethical Implications of Researching Jurors on Social Media." SMU Science & Technology Law Review 17 (2014): n. pag. Web. 26 May 2016.
Costanzo, Mark, and Daniel Krauss. Forensic and Legal Psychology: Psychological Science Applied to Law. New York: Worth, 2012. Print.
Frederick, Jeffrey T. Mastering Voir Dire and Jury Selection. 2nd ed. Chicago: Amer. Bar Assn., 2005. Print.
Johnson, Vida. "Presumed Fair? Voir Dire on the Fundamentals of Our Criminal Justice System." Seton Hall Law Review 45.2 (2015): 545-580. Index to Legal Periodicals & Books Full Text (H.W. Wilson). Web. 26 May 2016.
Rabe, Gary A., and Dean John Champion. Criminal Courts: Structure, Process, and Issues. Upper Saddle River, N.J.: Prentice-Hall, 2002.
Robinson, Mike. "What Is Voir Dire? A Guide." Clio, 12 Oct. 2023, www.clio.com/blog/voir-dire/. Accessed 11 July 2024.