Voir dire filters biased jurors through unlimited for-cause challenges judged by the court
Evidence
Jurors and alternates are selected for trial through a process called the voir dire, a French term usually translated as “to speak the truth.” During voir dire, prospective jurors are questioned to determine whether they can decide the case fairly and impartially. Based on their answers, the prosecution or the defense can challenge prospective jurors “for cause,” claiming that they are biased about the defendant, the prosecution, or the case. Among the factors that might justify a challenge for cause are personal relationships between the juror and a litigant, preconceptions about the case or the parties to it, or, if applicable to the case, prejudice against a particular racial, ethnic, or religious group. If the judge rules that cause has been shown, then a challenged juror is excused. There is no limit on the number of jurors who can be challenged for cause, and in highly publicized cases, the process of jury selection can be quite drawn out. In the “Hillside Strangler” murder trial in Los Angeles, for example, voir dire and jury selection took 49 court days. — G. Alan Tarr, Judicial Process and Judicial…, 830
Categorization
- DEFINE: Defines voir dire and for-cause challenge precisely; core vocabulary for the trial-process unit of the course.
- XREF: connects to: Voir dire procedure shifts dramatically across jurisdictions and case stakes — G. Alan Tarr, Judicial Process and Judicial…, 1337; Peremptory challenges let attorneys remove jurors without giving reasons — G. Alan Tarr, Judicial Process and Judicial…, 831; Peremptory challenges cannot exclude jurors by race or gender. — G. Alan Tarr, Judicial Process and Judicial…, 832 (+1 more)
Broader Connections
- Voir dire procedure shifts dramatically across jurisdictions and case stakes
#qualifies(0.78) — G. Alan Tarr, Judicial Process and Judicial…, 1337 - Peremptory challenges let attorneys remove jurors without giving reasons
#qualifies(0.75) — G. Alan Tarr, Judicial Process and Judicial…, 831