NCJ Number
102359
Journal
Social Action and the Law Volume: 12 Issue: 1 Dated: (1986) Pages: 3-10
Date Published
1986
Length
7 pages
Annotation
Attorneys' voir dire questions should reveal prospective jurors' sociomoral worldviews, particularly when due process and capital punishment issues are central for case outcomes.
Abstract
A sociomoral worldview is reflected in the reasoning used to arrive at a moral decision. Lawrence Kohlberg and other researchers have identified five hierarchical stages of moral reasoning classified in three levels. The three levels of moral reasoning are 'preconventional,' which lacks awareness of the underlying purposes of rules or conventions; 'conventional,' which reflects majority conditioning and gives priority to following majority social norms; and 'postconventional,' which critiques all laws and conventions according to principles of justice and human dignity. 'Postconventional' moral reasoning is most appropriate for dealing with due process and capital punishment issues, since this involves a high level of moral concern for the individual, regardless of a person's background or behavior. Voir dire questions should be designed to help attorneys select jurors having 'postconventional' moral reasoning. Sample voir dire questions are provided for death penalty cases and cases centered in due process issues. 12 references.