NCJ Number
152058
Journal
Law and Human Behavior Volume: 18 Issue: 5 Dated: (October 1994) Pages: 487-506
Date Published
1994
Length
20 pages
Annotation
This exploratory study of felony voir dire in four trials in Santa Cruz County, California, based on direct observations and juror interview responses, found that much of the criticism of voir dire may be misplaced.
Abstract
The study looked at what happened during voir dire, whether attorneys made effective decisions about whom to excuse, juror reactions to voir dire, and whether jurors felt able to carry out their duties as instructed. Voir dires associated with four felony trials were carefully observed over a 2-month period. A demographic survey was distributed to 443 prospective jurors; 336 who completed the survey were asked to provide their names and telephone numbers so they could be tracked through the jury selection process and be contacted once their service ended. Interviews with 29 prospective jurors excused during voir dire and 15 retained jurors provided information about their reactions to the jury selection process, the purpose of voir dire, the meaning of fair and impartial, and the ability to set aside their personal feelings in the course of trial and verdict. It was found that the voir dire process seemed to homogenize jury composition. Voir dire took longer in more complex cases, but not the inordinate amount of time frequently reported by voir dire critics. With respect to concern about the inefficiency of the voir dire process, about 25 percent of the voir dire dialogue was devoted to acquiring demographic and biographic information about prospective jurors that could have been obtained more easily by administering juror questionnaires. Voir dire was effective in eliminating jurors who were generally biased against the prosecution or the defense. Neither actual jurors nor those excused from service reported any dissatisfaction with the voir dire process. 67 references and 5 tables