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American Jury Voir Dire and the Ideal of Equal Justice

NCJ Number
89892
Journal
Journal of Applied Behavioral Science Volume: 18 Issue: 4 Dated: (1982) Pages: 481-494
Author(s)
A R Mahoney
Date Published
1982
Length
14 pages
Annotation
Expanded voir dire works against the ideal of a representative jury, because through the peremptory challenge, lawyers can remove members of certain groups from the jury.
Abstract
Four alternatives to voir dire through which juries can be improved are the development of techniques to teach jurors how to be fair in their decisionmaking, the development of screening devices that can identify persons who hold extreme prejudices, the limiting of voir dire questioning to judges only (already in use in Federal courts and several States), and the calling of citizens to appear for a particular trial or for 1 day. While the latter recommendation does not address the problem of securing a representative jury, it does minimize the feelings of rejection and the time and financial loss for unused jurors, as well as the negative feelings generated by boring days in the jury room. Forty-three references are provided.

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