NCJ Number
56908
Journal
Law and Psychology Review Volume: 2 Dated: (1976) Pages: 9-26
Date Published
1976
Length
18 pages
Annotation
THIS ARTICLE DISCUSSES THE VOIR DIRE METHOD OF JURY QUESTIONING AND SELECTION WHICH SCREENS PREJUDICIAL JURORS FROM PANEL. EXTENSIVE QUESTIONING BY ATTORNEYS FOR BOTH SIDES IS ADVOCATED.
Abstract
QUESTIONING OF POTENTIAL JURORS BY ATTORNEYS DURING THE VOIR DIRE PROCEDURE IS CONDUCTED TO DETERMINE THE EXTENT, INTENSITY, AND POSSIBLE EFFECT OF JURORS' PREJUDICES. THE PROCEDURE ORIGINATED IN THE COURTS OF MEDIEVAL ENGLAND AND HAS BEEN USED IN AMERICAN COURTS AS A WAY OF SECURING A FAIR TRIAL, ESPECIALLY IN CRIMINAL TRIALS. IN TRIALS WHICH INVOLVE COMPLEX AND CONFUSING EVIDENCE, A JUROR MAY RELY ON HIS OR HER OWN BELIEFS, RATHER THAN ON THE EVIDENCE, TO DECIDE THE CASE. VOIR DIRE WHICH CAN SELECT JURORS WITHOUT HARMFUL PRECONCEPTIONS KEEPS THE DECISIONS OF THE FACTFINDERS FROM BEING BASED ON ANYTHING EXCEPT OBJECTIVE EVIDENCE. POTENTIAL JURORS WHO WANT TO SERVE ON A JURY WILL, HOWEVER, SHADE THEIR ANSWERS OR DELIBERATELY LIE ABOUT THEIR BIAS. IN ORDER TO OBTAIN AS MUCH INFORMATION AS NECESSARY CONCERNING THE BIAS OF JURORS, QUESTIONING SHOULD BE CONDUCTED PERSONALLY BY THE TRIAL ATTORNEYS. APPELLATE COURTS HAVE FOUND JUDGE-CONDUCTED EXAMINATIONS TO BE INEFFECTIVE, ESPECIALLY IN CASES INVOLVING RACIAL BIAS OR PRETRIAL PUBLICITY. IT IS ALSO RECOMMENDED THAT VOIR DIRE BE CONDUCTED ON AN INDIVIDUAL BASIS, RATHER THAN BEFORE THE ENTIRE GROUP OF PROSPECTIVE JURORS. QUESTIONS TO THE JURORS OUGHT TO ELICIT RESPONSES IN THE JUROR'S OWN WORDS, RATHER THAN SIMPLE 'YES' OR 'NO.' BIBLIOGRAPHIC FOOTNOTES ARE PROVIDED. (TWK)