NCJ Number
53168
Journal
Professional Psychology Volume: 9 Issue: 3 Dated: (AUGUST 1978) Pages: 367-388
Date Published
1978
Length
22 pages
Annotation
THE PROCESS OF VOIR DIRE IS DESCRIBED, AND THE TECHNIQUES USED IN THE PROCESS ARE REVIEWED AND CRITICIZED.
Abstract
'VOIR DIRE' TRANSLATES TO MEAN 'TO SPEAK THE TRUTH' AND REFERS TO THE PORTION OF THE TRIAL IN WHICH PROSPECTIVE JURORS ARE QUESTIONED BY THE JUDGE OR THE ATTORNEYS, OR BOTH TO DETERMINE WHETHER ANY OF THEM IS BIASED, PREJUDICED, OR IN ANY WAY UNQUALIFIED TO SERVE AS JURORS. ALTHOUGH THE LEGAL INTENT OF THE VOIR DIRE IS TO ELIMINATE FROM THE JURY THOSE WHO ARE UNSUITABLE TO SERVE EITHER AS A MATTER OF LAW OR BECAUSE OF AN UNSPECIFIED REASON HELD BY THE ATTORNEYS TRYING THE CASE, IT IS FREQUENTLY USED BY ATTORNEYS TO INGRATIATE THEMSELVES WITH THE JURY OR TO PLANT THE SEEDS OF AN ARGUMENT TO BE DEVELOPED IN THE COURSE OF THE TRIAL. WAYS IN WHICH ATTORNEYS USE VOIR DIRE TOWARD THESE ENDS ARE DESCRIBED, AND IT IS CAUTIONED THAT AN ATTORNEY EMPLOYING THESE TACTICS MAY CAUSE NEGATIVE JUROR REACTION BECAUSE OF PERCEIVED ATTEMPTS TO MANIPULATE THEIR DECISIONMAKING OUTSIDE THE CONTEXT OF THE PRESENTATION OF EVIDENCE. THE ACCEPTABLE PURPOSES OF VOIR DIRE ARE ELICITING INFORMATION TO DETERMINE THE STATUTORY QUALIFICATIONS OF A JUROR, TO DECIDE WHETHER THE JUROR IS PREJUDICED OR BIASED AS A MATTER OF LAW, AND TO DETERMINE WHETHER TO EXERCISE A PEREMPTORY CHALLENGE. THESE OBJECTIVES MAY BE PURSUED THROUGH STRATEGIES BASED ON SOCIOECONOMIC CHARACTERISTICS OF JURORS OR STRATEGIES BASED ON A SYSTEMATIC APPROACH TO JURY SELECTION. STRATEGIES BASED ON SOCIOECONOMIC CHARACTERISTICS OF PROSPECTIVE JURORS ATTEMPT TO CORRELATE SOCIOECONOMIC CHARACTERISTICS WITH PARTICULAR INTELLECTUAL AND EMOTIONAL INCLINATIONS. STRATEGIES BASED ON THE SYSTEMATIC APPROACH TO JURY SELECTION INCLUDE THE USE OF A DEMOGRAPHIC RATING SYSTEM, JUROR INVESTIGATION, AND IN A COURT OBSERVATION OF JURORS' BODY TYPES, LEGAL PERCEPTIONS, TENDENCIES TOWARD AUTHORITARIANISM, BELIEFS ABOUT RESPONSIBILITY FOR EVENTS IN ONE'S LIFE, AND DRESS, SPEECH, AND DEMEANOR. EACH OF THESE STRATEGIES IS BRIEFLY DISCUSSED AND CRITICIZED. IT IS GENERALLY CONCLUDED THAT NO STRATEGY FOR VOIR DIRE THUS FAR DEVELOPED HAS BEEN EMPIRICALLY ESTABLISHED AS VALID, SO THAT THE CONDUCT OF VOIR DIRE REMAINS MORE OF AN ART THAN A SCIENCE. REFERENCES ARE PROVIDED. (RCB)