Difference between revisions of "Voir Dire"
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===Using Strikes=== | ===Using Strikes=== | ||
| − | Strategically, it is in the Defendant's interest to strike unfavorable jurors from the panel. However, as noted above, the Defendant may use peremptory strikes against only a handful of | + | Strategically, it is in the Defendant's interest to strike unfavorable jurors from the panel. However, as noted above, the Defendant may use peremptory strikes against only a handful of as few as three or four. Because strikes for cause are unlimited, it stands to reason that counsel should aim to strike for cause as many jurors as possible. There are multiple routes for accomplishing this task, but one of the most effective is to focus on subject matter that, assuming it is relevant to the case at bar, is also polarizing, or tends to elicit controversial opinions. Examples include police officer testimony (whether it should be credited above layperson testimony), a defendant's choice not to testify at his own trial, whether they equate an arrest with guilt, attitudes toward the burden of proving a case beyond a reasonable doubt, and attitudes toward specific hotbutton issues implicated by the case to be tried (e.g. drug use, sexual abuse, disrespect/aggression toward law enforcement, obscenity, etc). If for example a juror stated that he assumes guilt from the fact a person was arrested, counsel would want to reflect or clarify his answer, then open it up to the remainder of the panel for discussion. In doing so, hopefully others who share that opinion would speak up, and counsel would have grounds to move to strike these unfavorable jurors for cause. |
| − | + | Rather then striking jurors, the court will frequently attempt to rehabilitate the individual. This is accomplished by determining whether the juror is able to set their opinion aside and follow the law. Often, the judge or the prosecutor will do so by asking a series of leading questions. Where this occurs, counsel should consider objecting. Counsel should also anticipate attempts to rehabilitate jurors, and ask questions in a manner that renders attempts to rehabilitate ineffectual. | |
===Communicate the Defense Theory and Theme=== | ===Communicate the Defense Theory and Theme=== | ||
