voir dire

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Related to voir dire: challenge for cause

Voir Dire

[Old French, To speak the truth.] The preliminary examination of prospective jurors to determine their qualifications and suitability to serve on a jury, in order to ensure the selection of fair and impartial jury.

Voir dire consists of oral questions asked of prospective jurors by the judge, the parties, or the attorneys, or some combination thereof. This oral questioning, often supplemented by a prior written questionnaire, is used to determine whether a potential juror is biased, knows any of the parties, counsel, or witnesses, or should otherwise be excluded from jury duty. Voir dire is a tool used to achieve the constitutional right to an impartial jury, but it is not a constitutional right in itself.

Typically, a number of prospective jurors are called to the jury box, given an oath, and then questioned as a group by counsel or the court. Local federal rules generally provide for questioning by the judge. Individual or sequestered voir dire is used in rare cases where extensive publicity may potentially damage a defendant's case; some jurisdictions mandate it in death penalty cases. A prospective juror must answer questions fully and truthfully but cannot be faulted for failing to disclose information that was not sought.

The purpose of voir dire is not to educate jurors but to enable the parties to select an impartial panel. Therefore, voir dire questions should test the capacity and competency of the jurors without intentionally or unintentionally planting prejudicial matter in their minds. Trial judges have wide latitude in setting the parameters of questioning, including the abilities to determine the materiality and propriety of the questions and to set the time allowed for voir dire.

A party may move for dismissal for cause to remove any potential juror shown to be connected to or biased in the case. A court may sustain counsel's request to strike a juror for cause, in which case the juror steps aside and another is called. Or a judge may overrule a challenge for cause if a suitable reason has not been sufficiently established. Challenges for cause are not limited in number.

Each side also exercises peremptory challenges to further shape the composition of the jury. Peremptory challenges are used to dismiss a prospective juror without the need to provide a reason for dismissal. Statutes or court rules typically set the number of peremptory challenges afforded to a party.

Voir dire also describes a court's preliminary examination of a prospective witness whose competency or qualifications have been challenged.

voir dire

(vwahr [with a near-silent "r"] deer) n. from French "to see to speak," the questioning of prospective jurors by a judge and attorneys in court. Voir dire is used to determine if any juror is biased and/or cannot deal with the issues fairly, or if there is cause not to allow a juror to serve (knowledge of the facts, acquaintanceship with parties, witnesses or attorneys, occupation which might lead to bias, prejudice against the death penalty, or previous experiences such as having been sued in a similar case). Actually one of the unspoken purposes of the voir dire is for the attorneys to get a feel for the personalities and likely views of the people on the jury panel. In some courts the judge asks most of the questions, while in others the lawyers are given substantial latitude and time to ask questions. Some jurors may be dismissed for cause by the judge, and the attorneys may excuse others in "peremptory" challenges without stating any reason. 2) any hearing outside the presence of the jury held during trial. (See: jury, peremptory challenge)

voir dire

noun examination for qualification for jury service, hearing before the court, hearing without jury's presence, inquiry, judicial examination

voir dire

‘to speak the truth’, a trial within a trial or initial inquisition to see if a confession is voluntary. In some US states it is used in the process of empanelling jurors.
References in periodicals archive ?
Thus, it would be naive to reject a juror nondisclosure rule simply because it is not in accord with the idea of a pure voir dire.
From the moment the potential jurors walk in the courtroom to begin voir dire, until the moment your office door closes behind you after the verdict--you are onstage.
30) The coverage was so extensive that a majority of the jurors who sat at trial had admitted, under voir dire, to reading the stories about Dr.
Toward that end, the standard jury instructions already reference perjury during voir dire.
15) In subsections 3 and 4 of Paragraph B under that principle, the ABA reaffirms the necessity of voir dire as an information-gathering proceeding:
12) In these instances, voir dire may serve as a tool to develop race-neutral justifications for the anticipated race-based strikes.
In voir dire, "questioning jurors is principally a matter of getting basic background information from which [attorneys] infer likely beliefs and attitudes relevant to the case being tried.
The data available may well be superior to traditional oral questioning in voir dire, or formal questionnaires, because it avoids embarrassing admissions or self-censorship.
During voir dire counsel should carefully probe for any biases.
The court also announces that, because only one room in the entire courthouse is big enough to accommodate such a panel, that is where the voir dire will take place.