Difference between revisions of "Voir Dire"
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== Voir Dire as an Advocacy Tool == | == Voir Dire as an Advocacy Tool == | ||
| − | To some, voir dire is a mere formality; a process meant to uncover the most basic prejudice. When approached in this manner, voir dire seems perfunctory, a list of closed-ended questions that elicit predictable answers. For example, an attorney conducting voir dire as a formality will ask questions on familiar subject matter, such as | + | To some, voir dire is a mere formality; a process meant to uncover the most basic prejudice. When approached in this manner, voir dire seems perfunctory, a list of closed-ended questions that elicit predictable answers. For example, an attorney conducting voir dire as a formality will ask questions on familiar subject matter, such as whether |
| − | Effective voir dire involves much broader goals. To understand why, it is important to examine the procedural components of voir dire. Typically, after the court convenes, the clerk calls the jury pool into the courtroom, swears them in, and calls the roll of jurors. The judge then introduces himself and offers preliminary instructions about the jury process, the purpose of voir dire, the nature of the case, and some other issues. He then asks a series of basic questions of the jury and introduces counsel. After doing so, he turns the process over to the prosecutor, who has an opportunity to ask questions, typically from the "well" (the area between counsel's table, the bench, and the jury). Once the prosecutor is finished, defense counsel takes a turn. By the time voir dire | + | Effective voir dire involves much broader goals. To understand why, it is important to examine the procedural components of voir dire. Typically, after the court convenes, the clerk calls the jury pool into the courtroom, swears them in, and calls the roll of jurors. The judge then introduces himself and offers preliminary instructions about the jury process, the purpose of voir dire, the nature of the case, and some other issues. He then asks a series of basic questions of the jury and introduces counsel. After doing so, he turns the process over to the prosecutor, who has an opportunity to ask questions, typically from the "well" (the area between counsel's table, the bench, and the jury). Once the prosecutor is finished, defense counsel takes a turn. By the time voir dire concludes, the judge, prosecutor, defense counsel and jury will have all been |
| − | By viewing voir dire as a conversation, the goals that flow from it become more obvious. First, as with any conversation, defense counsel must aim to build a rapport with the jurors in order to gain their trust and foster an open exchange of information. This leads naturally to | + | By viewing voir dire as a conversation, the three goals that flow from it become more obvious. First, as with any conversation, defense counsel must aim to build a rapport with the jurors in order to gain their trust and foster an open exchange of information. This leads naturally to the second goal--gathering information about the jury to enable counsel's informed decision regarding Finally, counsel must use voir dire to advance both the theory and theme of the defense case. |
== Goals of Voir Dire == | == Goals of Voir Dire == | ||
