Voir dire (/ˈvwɑːrˌdiər/) is a name for the process of choosingjurors for atrial. It can also mean a small meeting betweenlawyers and ajudge during a trial. It originally referred to an oath taken by jurors to tell the truth (Latin:verum dicere). In the moderncourt systems, voir dire is a process governed by state and federallaws. It is basically designed to findbiases in jurors.[1] It has other uses depending on the court system.
The origin of the legal term voir dire isAnglo-Norman.[2] It was an oath given to members of a jury. Witnesses are usually sworn in with theoath: "The evidence you shall give... shall be the truth, the whole truth, and nothing but the truth...". The voir dire oath was: "you shall true answer make to all such questions the court shall demand of you..."[3] In theUnited States the history of voir dire goes back to the Massachusetts Jury Selection Law of 1760.[4] Many cases that went to trial involvedseditious libel. British officials in the colonies put anyone on trial who printed anything criticizing British rule.[a][8] To get everyconviction possible, the British government made sure to only pick jurors who would convict thedefendant. Thesheriff was made responsible to select a list of jurors favorable to theBritishcrown.[8] To counter this, the 1760 Massachusetts law required the list the sheriff used to be selected by atown meeting. In those public meetings prospective jurors were questioned about any biases they might have. Defendants were also able to question possible jurors before they were selected.[8] This voir dire process made jury selection fair. In 1774 the BritishParliament cancelled the 1760 Massachusetts law. They left jury selection up to the court.[8] This gave the crown a free hand in making sure trials ended the way they wanted.[8] But, two years later theAmericans declared theirindependence. The American system of voir dire was developed from that time on.
Voir dire is an opportunity forlawyers to get the best juries for their client. This can become very involved. The process begins as the potential jurors enter the courtroom.[b][10] The lawyers or theirparalegals study the jury panel.[10] They watch body language. They watch who jurors talk to or sit next to.[c] There is a great deal ofpsychology used in jury selections. Juror behavior can be as important as their answers to questions. The voir dire questions are designed to reveal how a potential juror thinks. For example,books potential jurors read can reveal how they might vote. Also, lawyers try to give each juror individual attention while their paralegal takes notes.Eye contact,body language andattitude are all carefully studied during the interview.[10]
In the United States voir dire is used to eliminate jurors who may have beeninfluenced by pretrialpublicity.[11] But there are some indications it may do just the opposite if jurors are asked what their opinions are as to what the outcome should be.[11] Outside the United States pretrial publicity is handled differently. Judges can order individuals not to talk about the trial while it is in progress. This is the case inAustralia andCanada.[12]
Judges have a great deal of discretion (choices) in the voir dire process.[13] In some courts the judge conducts voir dire. In other situations it is left entirely to the lawyers. In some cases it is a combination of both. Jurors are usually not quite as honest in answering voir dire questions with a judge as they are with a lawyer.[13]
In some courts lawyers are given the chance to interviewexpert witnesses before they testify.[1] An expert witness is anyone who has specialized orexpert knowledge of a subject more than an average person would have. Sometimes an expert can be interrupted in his or hertestimony for a voir dire to challenge their expertise. If a judge feels the challenge was successful, he can tell the jury to ignore the testimony.[1]
In theUnited Kingdom voir dire is not used for jury selection.[12] It is used to decide whatevidence can and cannot be presented during the trial.[12] This can includeconfessions made to thepolice.[14] InAustralia andCanada, voir dire is used as a sub-trial within a trial to examine evidence.[15] It is usually done with the jury absent from thecourtroom.[15] In Canada, voir dire can also be used to challenge a particular juror for cause (for a specific reason).[16] But cases of challenging a juror under voir dire are rare in Canada.[16]
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