NCJ Number
86538
Journal
Trial Volume: 18 Issue: 12 Dated: (December 1982) Pages: 64-70,100
Date Published
1982
Length
9 pages
Annotation
Guidelines on the voir dire process focus on the general considerations and the specific types of questions that attorneys for the plaintiff or defendant in civil litigation should use in selecting jurors.
Abstract
The purpose of preparation for voir dire is to devise a line of questioning which will expose the jurors who are likely to side instinctively with an adversary. It also aims to give insight into jurors who may instinctively lean toward counsel's case and to avoid drawing too much attention to favorable jurors. The attorney must previously determine the kind of jurors desired for the specific case, based on the anticipated evidence, the parties, the witnesses, the nature of the case, and the personalities of the trial counsel for both sides. If a jury list is provided before the trial, the makeup of the panel can be carefully analyzed. Some metropolitan jurisdictions offer the use of jury services, which provide an index of available information on each prospective juror. General questions should elicit information both about the jurors and about their households. Each juror should be questioned on such subjects as current occupation; prior jury experience; and, in all complex cases, experience with the subject matter. Attorneys should not try to predict jury behavior through racial, ethnic, or cultural stereotypes. Detailed guidelines, examples of specific questions, and nine reference notes are provided.