Voir dire procedure shifts dramatically across jurisdictions and case stakes

Evidence

The mechanics of the voir dire also vary by jurisdiction. In some states, the judge alone questions prospective jurors; in others, attorneys may pose supplemental questions; and in still others, the attorneys conduct all questioning of prospective jurors. In major cases, the scope of questioning during voir dire can be quite extraordinary. In the O. J. Simpson murder trial, for example, prospective jurors were asked to complete an 80-page questionnaire that included 294 questions, ranging from … “Have you ever dated a person of a different race?” to “Have you ever asked a celebrity for an autograph?”!* Because the jury’s composition may be crucial to their success at trial, most trial lawyers want to conduct voir dire questioning. Doing so enables them to probe for the information they need to exercise their challenges wisely. Equally important, conducting voir dire gives them an opportunity to try to influence the jury and day the foundation for the case they plan to present. As one commentator described it, “you are-building an audience for your case and understanding how to: shape your evidence to meet their expectations.” — G. Alan Tarr, Judicial Process and Judicial…, 1337

Categorization

  • XREF: Links to the reader’s interest in judicial structure: state-by-state variation in who conducts voir dire. — connects to: Voir dire filters biased jurors through unlimited for-cause challenges judged by the court — G. Alan Tarr, Judicial Process and Judicial…, 830; Geographic jurisdiction shapes which case types each circuit hears. — G. Alan Tarr, Judicial Process and Judicial…, 290; Voir dire questioning procedures vary sharply across state jurisdictions — G. Alan Tarr, Judicial Process and Judicial…, 1337

Broader Connections