NCJ Number
155519
Journal
San Diego Justice Journal Volume: 3 Issue: 1 Dated: (Winter 1995) Pages: 215-247
Date Published
1995
Length
33 pages
Annotation
Each person called to serve on a jury must undergo the process of voir dire, designed to reveal any bias a particular individual might hold toward any party in the case.
Abstract
The voir dire process potentially threatens the juror's personal right to privacy. Confronting the juror's constitutional right to privacy is the defendant's Sixth Amendment right to a fair trial by an impartial jury and the presumption of innocence. This article explores the issue of what constitutes the right to privacy, followed by a discussion of the jury selection process and the purpose of voir dire. Areas in which a juror's right to privacy has emerged include the use of an anonymous jury, posttrial requests by the defendant to release juror information, and the use of juror questionnaires. The imposition of fines and penalties on jurors who refuse to answer questions during voir dire is also addressed. The author concludes that, while jurors do enjoy the right to privacy, that right may be limited. 154 notes