Factbites
 Where results make sense
About us   |   Why use us?   |   Reviews   |   PR   |   Contact us  

Topic: Voir dire


Related Topics

In the News (Thu 24 Dec 09)

  
  Voir dire - Wikipedia, the free encyclopedia
The phrase "voir dire" derives from Middle French; in modern English it is interpreted to mean "speak the truth" and generally refers to the process by which prospective jurors are questioned about their backgrounds and potential biases before being invited to sit on a jury.
Voir dire can include both general questions asked of an entire pool of prospective jurors, answered by means such as a show of hands, and questions asked of individual prospective jurors and calling for a verbal answer.
In common trial, however, "Voir Dire" is a motion to cross-examine an expert witness during opposing counsel's direct examination to establish the credibility of said witness before damaging evidence is brought to court through this witness who may not be credible.
en.wikipedia.org /wiki/Voir_dire   (280 words)

  
 Publications: The Real Purpose Of Voir Dire - Becker & Poliakoff
The literal translation of voir dire is “to see and speak the truth.” Technically, voir dire is the preliminary stages of a trial where prospective jurors are examined to determine their suitability to serve as jurors on the particular case.
Voir dire is the remedy that the defendant must rely upon to protect him from the adverse effects of pretrial publicity.
There is conflict between the inherent purpose of voir dire, which is to find impartial jurors from a pool representative of the community, and the true yet unstated purpose of every attorney, which is to find jurors predisposed to their position.
www.becker-poliakoff.com /publications/article_archive/voir_dire.htm   (6112 words)

  
 [No title]
The "federal" practice of almost exclusive voir dire examination by the court does not take into account the fact that it is the parties, rather than the court, who have a full grasp of the nuances and the strength and weaknesses of the case.
Voir dire conducted solely by the court interferes with the intelligent exercise of peremptory challenges because the court is usually less familiar with the facts and nuances of the case.
Voir dire provides a means of discovering actual or implied bias and a firmer basis upon which the parties may exercise their peremptory challenges intelligently.
www.dcfpd.org /motions/alaska/trial/attvoird.htm   (2932 words)

  
 Voir Dire - Table of Contents and Introduction, Legal Issues, Edwin E. Wright, III, Board Certified in civil trial and ...   (Site not responding. Last check: 2007-10-07)
Voir dire examination is one of the portions of the trial which is recorded by the court reporter only upon the request of one of the parties.
Voir dire of potential veniremen technically serves two purposes: (1) to determine whether a challenge for cause exists and (2) to determine whether it is wise and prudent to exercise a peremptory challenge.
However, voir dire is not governed by statutes or particular rules of civil procedure, and cases hold that the conduct of voir dire is within the exclusion control of the trial court.
www.edwright.com /Voir_Dire_legal.html   (10622 words)

  
 Dishonesty on Voir Dire   (Site not responding. Last check: 2007-10-07)
Venireperson's concealment of fact that brother had been convicted of crime, in face of voir dire question on point, required new trials where the venireperson was seated as a juror on the trial of two separate cases involving three defendants (two of whom were convicted by the juror of making false statements to the government).
Criminal case reversed and remanded for new trial because juror failed to disclose that she volunteered at the county jail where the defendant was being detained and that she had contact with the defendant and one of his key witnesses in the course of her duties as a volunteer after being chosen as a juror.
The court held that prejudice was presumed for a dishonest juror response to voir dire questioning and that it was irrelevant whether the dishonest answer was intentional or the defendant was actually harmed by the misconduct.
www.capdefnet.org /hat/contents/constitutional_issues/jury_misconduct/dishonesty_on_voir_dire6.htm   (1846 words)

  
 ABA Lessons 7-9: Due Process Freedoms: Voir Dire Simulation Main
The ultimate objective of voir dire is to ferret out the prejudice and bias that lurks in some areas of the thinking of every juror.
Also, jury selection is a matter of personal judgment and the use of the wits of the trial lawyer, whose judgment and instincts in the voir dire will be colored of necessity by her or his own experiences and knowledge of human nature, and personal prejudices and biases.
The purpose of the voir dire is to determine disqualifications and ensure an impartial jury which represents a cross section of the community.
www.abanet.org /publiced/lawday/schools/lessons/79_dueprocess_voir.html   (847 words)

  
 For the Exclusive Use of NAME
Voir dire is the attorneyâs precious and sole opportunity to intelligently determine who the prospective jurors are, what their attitudes and opinions may be, and how they feel about the key case issues.
When voir dire is handled thusly, it doesnâtÊ take an Einstein to determine who is most likely to support your case, and who will be against it.
The mere statement of a particular belief by one juror during voir dire is highly unlikely to suddenly change the minds of the other jurors.
www.trialconsultants.com /Library/VoirDireinEmploymentLawCases.html   (1378 words)

  
 FCLR: Civil Case Voir Dire and Jury Selection -- © 1998 FMJA
The purpose of voir dire and the process of selecting a jury is to assure that the jury is free of prejudice and capable of rendering a free and fair verdict based on the trial proceedings.
Through voir dire, jurors may reveal information resulting in their being excused (perhaps for some personal reason), challenged for cause (based on some specific disqualifying fact or circumstance), challenged peremptorily (based on a party's unspoken desire to eliminate a particular juror), or qualified for selection.
To that end, it is incumbent upon counsel to be prepared with follow up questions for further voir dire (by counsel or the court) specifically to assess the jurors' ability to be fair.
www.fclr.org /articles/1998fedctslrev3(noframes).htm   (3083 words)

  
 Dishonesty on Voir Dire   (Site not responding. Last check: 2007-10-07)
Affirming grant of postconviction relief where juror failed to disclose on voir dire that she had a brother who had been sentenced to death, which she believed he deserved; failed to disclose that she had two other brothers who had been arrested; and failed to disclose that she herself had been raped while very young.
New trial ordered where juror concealed on voir dire that he had formed an opinion about the plaintiff as an "opportunist" (plaintiff was seeking a money judgment after her child died in foster care).
Once a prospective juror in a criminal case has made a clear statement during voir dire reflecting or indicating the presence of a disqualifying prejudice or bias, the prospective juror is disqualified as a matter of law and cannot be rehabilitated by subsequent questioning, later retractions, or promises to be fair.
www.capdefnet.org /hat/contents/constitutional_issues/jury_misconduct/dishonesty_on_voir_dire7.htm   (5257 words)

  
 Voir Dire
Voir dire can thus be a highly productive process, providing a wealth of information for making astute challenge decisions - and laying the foundation for your case – or it can be a disastrous waste of time.
Social psychologists regard voir dire as a self-disclosure interview during which an interviewer is seeking information from interviewees about their history, attitudes, and beliefs.
Before conducting the voir dire, or planning a jury selection strategy, it is important to understand the emotional, psychological, or prejudicial elements of the case, which may draw the attention of jurors.
www.jri-inc.com /article11.htm   (4291 words)

  
 The Right Jury - Jury Selection Consulting, voir dire
Since voir dire gives the jury its first impression of the attorneys, it is the counsel's best chance to sell himself and his client.
Because extended voir dire accounts for more guilty votes and people tend to lie when questioned in public, [46] attorneys should ask a variety of questions covering a wide spectrum of beliefs, attitudes, and backgrounds in order to determine juror bias.
Attorneys strive during Voir Dire to build a rapport with the potential jurors on the panel because studies show that veniremen are more likely to disclose private attitudes, beliefs, and experiences to a friendly, informal person who treats them as equals.
www.therightjury.com /publications_real_purpose.html   (6092 words)

  
 Jury Voir Dire   (Site not responding. Last check: 2007-10-07)
The basic purpose of jury voir dire is to expose any “insurmountable” bias or prejudice harbored by members of the jury pool and excuse for “cause” jurors who will not listen attentively to the evidence, apply the law, and decide the case fairly and impartially.
In the final analysis, the object of jury voir dire is to “swear” a fair and impartial jury.
In Utah, jury voir dire is conducted primarily by the judge.
www.utlitsec.org /html/jury_voir_dire.html   (728 words)

  
 Delaware County -Jury Guide - Voir Dire - Jury Selection   (Site not responding. Last check: 2007-10-07)
voir dire, which is the selection of jurors.
The jurors are asked to sit in the body of the courtroom, or sometimes arranged in the jury box, in the alternate seats and the front row; but no matter where you sit, the voir dire, or striking of jurors, will then begin.
The Court Clerk has a master list of every name on the panel of jurors in the courtroom, and a copy of that list is given to each lawyer, District Attorney and defense attorney in a criminal case and the plaintiff's attorney and the defendant's attorney in a civil case.
www.co.delaware.pa.us /jguide/voirdire.html   (673 words)

  
 Legal Definitions of Voir, Voir Dire
VOIR - An old French word, which signifies the same as the modern word vrai, true.
Voir dire, to speak truly, to tell the truth.
The witness is sworn on his voir dire to ascertain whether he has an interest, which would disqualify him, because he would be tempted to perjure himself, if he testified when interested.
www.lectlaw.com /def2/u044.htm   (190 words)

  
 Judge Mark King Leban -Guidelines of Voir Dire Examination in Jury Trials
It is well settled that the purpose of voir dire is to secure an impartial jury, and "impartiality requires not only freedom from jury bias against the accused and for the prosecution but also freedom from jury bias against the prosecution and for the accused." Moody v.
Problems in voir dire examination of prospective jurors arise in the posing of hypothetical questions, scenarios requesting the jury to commit itself to a particular verdict if a given set of facts is presented, and in preconditioning the jury to render a particular verdict.
State, 398 So.2d 1017, 1018 (Fla. 5th DCA 1981), the prosecutor, during voir dire of the jury, set forth for the jurors "a hypothetical question which essentially embodied the facts of the case against the accused, thus attempting to, and probably succeeding in, obtaining at least a tacit commitment from the jurors to convict.
www.countyjudges.com /articles/lebanv1.htm   (1323 words)

  
 Army Lawyer: Voir dire: it's not just what's asked, but who's asking and how
Voir dire is the first opportunity counsel may have to address the individuals who decide the fate of their clients.
Voir dire has several judicially recognized purposes: (1) to ensure impartiality; (2) to educate the panel about the facts and the law in the case; (3) to develop rapport with the members; and (4) to determine how to exercise challenges, both causal and peremptory.
Advocates must be intimately familiar with the facts of their cases to address some of these recognized purposes, but only a courageous (and foolish) counsel would attempt to "indoctrinate" (5) a panel on the law, as that is clearly the military judge's function.
www.findarticles.com /p/articles/mi_m6052/is_2003_Sept/ai_111851275   (377 words)

  
 Jury Selection (Voir Dire) in Criminal Cases
In jury voir dire you may be facing a group that, given the choice, would rather be talked to than be required to talk.
Voir dire is your best opportunity to forge a mini-bond of shared interests with the prospective jurors.
Defenders may find it useful to use jury voir dire as a place to make clear to the prospective jurors that their job is to arrive at a verdict only if they can do so without giving up their personal abiding belief.
www.criminaldefense.homestead.com /JurySelection.html   (10938 words)

  
 The National Center for State Courts - Home Page   (Site not responding. Last check: 2007-10-07)
Following completion of the voir dire examination, counsel should exercise their peremptory challenges by alternately striking names from the list of panel members until each side has exhausted or waived the permitted number of challenges.
Voir dire is a formal process of inquiry conducted to ensure that those veniremen selected as jurors will consider the evidence in a fair and impartial manner.
Voir dire also provides lawyers with the opportunity to advocate for their respective clients.
www.ncsconline.org /WC/FAQs/JurSelFAQ.htm   (751 words)

  
 Welcome to NITA
In jury trials, the threshold problem in obtaining a fair jury is to somehow get the jury to be open and candid in voir dire so that counsel and the Court can determine which ones have the ability to sit as fair and impartial jurors on that particular case.
Now anyone who looks at the purpose of voir dire and the mechanics of it realistically knows that such reactions are unfounded and do not reflect the purpose or result of jury selection.
The remainder of the process, which we call jury selection or voir dire, is aimed at determining which type of jury you are best suited to sit on as a juror.
www.nita.org /NITA_Articles.asp?ArticleID=4   (1201 words)

  
 Voir Dire: Creating the Jury
Through voir dire, an attorney can challenge a prospective juror "for cause" if that person says or otherwise expresses a bias against the attorney's case.
Those individuals who are accepted by both attorneys [or the trial judge, if the judge conducts the voir dire] are impaneled and sworn in as the jury.
This section of "The American Jury" includes background, lessons, and classroom resources about voir dire and how it has been used, its strengths and limitations, and changes that have been made or proposed to make it serve the Constitution's mandate of an "impartial jury." Related information can be found on A Jury of One's Peers.
www.crfc.org /americanjury/voir_dire.html   (425 words)

  
 FICC Quarterly: Tactical considerations when conducting voir dire   (Site not responding. Last check: 2007-10-07)
Although voir dire is one of the most important stages of a trial, most attorneys do not take the time to prepare their voir dire examination.
Careful attention should be given to the preparation of voir dire so you do not end up with a jury of twelve (or six) people of whom you know little or nothing.
The preparation of voir dire starts by focusing on the issues, both factual and legal, that are relevant in your case, and on your defensive theme.
www.findarticles.com /p/articles/mi_qa3968/is_200107/ai_n8990291   (503 words)

  
 defective yeti: Jury Duty II: Voir Dire
Voir dire, he said, means "to speak the truth," and that was our job as the lawyers peppered us with questions.
I found voir dire to be the most interesting aspect of the whole trial, possibly because it was the most "game-y".
Having concluded voir dire, the lawyers were ready to use their peremptory challenges to select the jury.
www.defectiveyeti.com /archives/000418.html   (1176 words)

  
 Voir Dire   (Site not responding. Last check: 2007-10-07)
As you know, it has been the pattern in the 14th that voir dire has tended to be relatively short.
Part of this has been a function of the number of cases pending in the court and in part because, to be perfectly frank as we were on Friday, many lawyers on both sides of the docket do not know how to conduct an effective voir dire.
I do not have any interest in micromanaging the trial of the case, and the opening up of the discussion as to the length of voir dire and my responsiveness to it should be proof of that.
www.lobl.com /voir_dire_14th.html   (759 words)

  
 NEW | researchnews | voir dire
Comprehensive voir dire examination of the jury panel is a necessary concomitant of the constitutional right to trial by a fair and impartial jury.
Voir dire provides a unique opportunity to probe the jurors' prejudices and to obtain background information that bears on the jurors' qualifications.
Voir dire serves other important functions as well, such as relaxing the jurors, establishing credibility, educating the jurors about the law and the issues involved in the particular case, avoiding situations that might result in mistrial, and laying a foundation for the opening statement and closing argument.
www.starrlit.com /page/new_resenews_voir.html   (377 words)

Try your search on: Qwika (all wikis)

Factbites
  About us   |   Why use us?   |   Reviews   |   Press   |   Contact us  
Copyright © 2005-2007 www.factbites.com Usage implies agreement with terms.