Voir Dire in the United States
Process by which prospective jurors are examined to determine both competence and impartiality. The term voir dire is French and translates “to speak the truth.” The voir dire process is conducted by the presiding judge, counsel, or both. Members of the venire are typically questioned about possible acquaintance with the parties, prior personal experience with the same kinds of issues as are involved in the case, or any other matter that may have a bearing on the prospective juror’s capacity to judge the case fairly. Exposure to potentially prejudicial pretrial publicity is measured during voir dire. If a juror is unable to judge the case fairly, he or she may be challenged for cause. If the judge sustains the challenge, the juror is replaced. A juror may also be replaced by means of a peremptory challenge. In such cases, jurors may be excluded by either side without having to offer an explanation.
See Also
Jury (Criminal Process) Master Jury List (Criminal Process); peremptory CHALLENGE, 167; Venire (Criminal Process).
Analysis and Relevance
The supervision of voir dire rests exclusively with the trial judge. The judge possesses the discretion to determine how far-ranging voir dire may be in a given case. In Ristaino v. Ross (424 U.S. 589: 1976), the Burger Court ruled that a trial judge could properly deny the opportunity to probe the racial prejudice of prospective jurors absent a showing that such prejudice was a factor of consequence in the case. Beyond determination of their qualification, voir dire allows attorneys to “educate” jurors with respect to how they might evaluate evidence. Defense attorneys frequently use voir dire to reiterate the presumption of innocence and that the state carries the full burden of proof. Such an approach may impact on juror attitudes and ultimately the conclusions they drawn from the evidence. While voir dire does not usually take more than an hour or two, the process can be inordinately long in celebrated cases.
Notes and References
- Definition of Voir Dire from the American Law Dictionary, 1991, California
Voir Dire Definition
A preliminary examination of a witness or venireman to ascertain whether he is competent.
Voir Dire in Foreign Legal Encyclopedias
| Link | Description |
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| Voir Dire | Voir Dire in the World Legal Encyclopedia. |
| Voir Dire | Voir Dire in the European Legal Encyclopedia. |
| Voir Dire | Voir Dire in the Asian Legal Encyclopedia. |
| Voir Dire | Voir Dire in the UK Legal Encyclopedia. |
| Voir Dire | Voir Dire in the Australian Legal Encyclopedia. |
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| Voir Dire | Voir Dire in the Personal Injury and Tort Portal of the American Encyclopedia of Law. |
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Legal Issue for Attorneys
A preliminary examination of a witness or venireman to ascertain whether he is competent.
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Notice
This definition of Voir Dire Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..
Voir Dire
United States Constitution
According to the Encyclopedia of the American Constitution, about its article titled VOIR DIREVoir dire (Old French: “to speak the truth”) refers to the questioning by the court or counsel of prospective jurors to determine their qualification for jury service.Two types of objections may be raised to disqualify prospective jurors: peremptory challenges and challenges for cause. A
(read more about Constitutional law entries here).
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Voir Dire Definition in the context of the Federal Court System
The process by which judges and lawyers select a trial jury from among those eligible to serve by questioning them to make certain that they would fairly decide the case. “Voir dire” is a phrase meaning “to speak the truth.”
Voir Dire In Low Speed Collision Cases – Plaintiff’s View
This section examines the Voir Dire In Low Speed Collision Cases – Plaintiff’s View subject in its related phase of trial. In some cases, other key elements related to trials, such as personal injury, business, and criminal litigation, are also addressed.
Meaning of Voir Dire
In plain or simple terms, Voir Dire means: “To speak the truth.” Questioning potential jurors to determine any reasons for disqualification.
The Voir Dire
Leading Case Law
Among the main judicial decisions on this topic:
J. E. B. v. Alabama
Information about this important court opinion is available in this American legal Encyclopedia.
References
See Also
- Jury System
- Trial Jury
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