Voir Dire

Purpose of Voir Dire

Voir dire, a term derived from Middle French which means “to speak the truth,” is a pretrial legal proceeding. During voir dire, the members of the jury pool, known as the venire panel, are questioned by the judge, the attorneys, or both. Questioning may be directed toward the group as a whole or administered privately to individual jurors. Based on their responses to this questioning, prospective jurors are chosen for removal from the jury. The legal purpose of voir dire is to uncover any existing jury bias and to protect against the possibility that the defendant receives an unfair trial. This questioning process is designed to eliminate both jurors who do not meet the statutory requirements for jury service and those who are unable or unwilling to set aside preexisting biases and remain impartial. The Sixth Amendment of the U.S. Constitution guarantees all defendants the right to a speedy and public trial by an impartial jury of their peers, and thus the judge must determine whether service by any of the venire members would result in a constitutional violation.

The impaneling of an impartial jury requires that venire members answer demographic and attitudinal questions, as well as questions regarding their familiarity with the case, the litigants, and anyone else involved in the case. Jurors who express an inability to be impartial may be excused from jury service through a challenge for cause or a peremptory challenge. However, it is possible that the judge may alternatively attempt to “rehabilitate” biased jurors or secure public commitments that they will ignore their biases. Rehabilitation is attempted when jurors indicate that they could have difficulty remaining impartial to both sides of the case. These jurors may be asked if their preexisting attitudes will interfere with their ability to be fair and follow the law. Jurors who agree to set aside their biases and decide the verdict based on the evidence are considered “rehabilitated” and fit for jury service. Although the objective of voir dire is to identify jurors who hold opinions or biases that would make them unfit or ineligible for jury service, the voir dire proceeding may also be used for other purposes. Attorneys may attempt to ingratiate themselves with the jury, instruct the jury on the relevant law, or obtain public assurances from jury members that they can be fair during voir dire.

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