NCJ Number
90591
Date Published
1983
Length
95 pages
Annotation
Guidelines on the style and manner of conducting voir dire in both civil and criminal cases address establishing rapport with prospective jurors, phrasing comprehensible questions that will tap relevant attitudes and opinions, and eliciting information on which to base challenges.
Abstract
The tasks of eliciting information and educating jurors are integrated in a well-conducted voir dire. A good technique to achieve both objectives is to frame questions based on jurors' experiences that are relevant to the case. The paper provides questions which exemplify this approach, as well as a voir dire excerpt demonstrating the combined use of closed end and open ended questions. Suggestions on establishing rapport focus on tone of voice, demeanor, eye contact, courtesy, and signs of nervousness or relief in a juror. Rather than wasting peremptory challenges, an attorney should pursue a cause challenge whenever a juror is apparently biased. Because legal standards for determining what constitutes juror prejudice are vague, the judge has complete discretion. The paper identifies fruitful areas for pursuing a cause challenge, including excerpts from trial transcripts to demonstrate different questioning approaches. It also discusses the attorney's introduction to voir dire questioning and specific areas that should be probed, such as a person's family, job history, education, military experience, neighborhood, religion, community activities, and previous jury experience. Other sections focus on questioning tactics that can reveal the effect of publicity on jurors, racism and racial prejudice, and attitudes toward psychiatric testimony. Finally, the paper details areas requiring special attention in voir dire for civil cases and criminal proceedings. Sample questions accompany all discussions. The article includes 28 footnotes.