NCJ Number
102474
Date Published
1983
Length
243 pages
Annotation
To contribute to the legal debate over whether judges or attorneys should conduct voir dire, this exploratory research considered the voir dire by judges and attorneys in courts of two adjoining Illinois counties in June and July 1980.
Abstract
The study focused on judge vs. attorney questioning of prospective jurors, the honesty of prospective jurors in responding to voir dire questions, and jurors' socialization. Questionnaires sent to 422 ex-jurors inquired about their perceptions and behavior during their jury terms and during their most recent voir dire. The response rate was 65.7 percent (277). A questionnaire on voir dire beliefs and behaviors was sent to judges and attorneys involved in the 43 trials over the 2-month period (73.6-percent response rate). Judges and attorneys differed significantly on some of their beliefs about the importance and pursuit of voir dire goals (e.g., establishing rapport with jurors). Jurors differing feelings and honesty levels when questioned by judges and attorneys were not systematically related to whether they were questioned by judges or attorneys. They were related to jurors' demographic characteristics. Approximately 18 percent of the ex-jurors withheld information during voir dire, usually to slant their responses toward being excused from jury duty. Differing degrees of juror socialization may have affected perceptions of and reactions to questioning by judges and attorneys, their honesty during voir dire, and their degree of difficulty in following procedural rules. Tabular data, 67 references, and the questionnaires. (Author abstract modified)