Transcript Psychology of Voir Dire

The Psychology of Voir Dire
as presented on
By: Laura Gorman
One sunny day,
on the corner
of Sesame Street and
Avenue Q
a large group of monsters
gathered together, as they
discussed the surprising mail that
had arrived that day.
All of the monsters in the
neighborhood had randomly
been selected for jury duty.
“Does anyone even know
what this case,
People/Monsters v. Oscar
the Grouch, is about?”
asks a curious and
somewhat tickled
Elmo.
“Well,” says Grover, “I don’t know for sure,
but I heard there was fowl play. Oscar,
being his usual grouchy self, got sick of
Big Bird and all that cheery yellow- so he
finished BB off.”
Kate chimes in, “I don’t think
we should be talking about
this. We are supposed to be
impartial jurors. At least that’s
what I think voir dire is about.”
“What do you mean?” asks the
group… “What’s Voir Dire?”
Kate stammers, “wwwwell, I think
it’s the process of asking
questions and picking jurors to
get an impartial jury for a
case…but maybe we should do
some research to make sure.”
“And where should we start
Kate?” asks Trekkie
Kate answers, “I think first we
should look at Secondary
Sources, from there look at
Primary Authority, and finally
look to Other Available
Sources.”
So the monsters all head off to
do research on Voir Dire and
the psychology that goes into
the process. They all want to
know exactly what they will be
going through, after all!
Secondary Sources
Encyclopedias
Am. Jur.
47 Am. Jur. 2d Jury 191, Duty of Juror to
Make True and Full Disclosures
47 Am. Jur. 2d Jury 194, Manner of
Conducting Voir Dire
47 Am. Jur. 2d Jury 202, Length or
Duration of Voir Dire
47 Am. Jur. 2d Jury 190, Testimony on Voir
Dire
“So,” says Trekkie, “through
American Jurisprudence, we
learned that the court uses Voir
Dire to determine if each juror is
competent, that we have a duty to
fully disclose our opinions, the trial
court has to make sure potential
embarrassment is protected, and
there is no required limit on time for
questioning.”
C.J.S.
50A C.J.S. Juries § 409, Challenges and Objections
to Jurors or Selection Process C. Challenges for
Cause; Competency of Jurors 2. Competency;
50A C.J.S. Juries § 472, Challenges and Objections to
Jurors or Selection Process E. Voir Dire Examination
of Jurors, Examination Concerning Particular Topics
50A C.J.S. Juries § 470, Challenges and Objections to
Jurors or Selection Process E. Voir Dire Examination
of Jurors, Types of Questions or Remarks Allowed
57 C.J.S. Military Justice § 155, Courts-Martial C.
Military Judges; Reporters and Interpreters; MemberVoir Dire
“After looking through another
encyclopedia, Corpus Juris
Secundum, we know that a juror
might be excluded based on their
beliefs of capital punishment,
sometimes the court is required to
ask about potential biases, most
questions are proper unless they
are argumentative, repetitious,
prejudicial, misleading or confusing,
and we can be questioned about
being racist!” declared grover.
Secondary Sources
Treatises
Treatises
Jury Selection Strategy and Science § 3.3 (3d ed.)
“Identifying Bias Among Potential Jurors- Implied Bias”
Ted Donner
Jury Selection Strategy and Science Ch. 5. Ref. (3d
ed.) “Working With Trial Consultants Chapter
References” Ted Donner
Jury Selection Strategy and Science § 10:8 (3d ed.)
“Juries as Task-Oriented Groups- Anticipating Group
Dynamics During Deliberations” Ted Donner
Jury Selection Strategy and Science § 17:1 (3d ed.)
“Strategic Objectives- Crafting Appropriate Questions
for Use in Voir Dire” Ted Donner
Secondary Sources
A.L.R. Annotations
Federal A.L.R. Annotations
28 ALR Fed. 27 Romualdo P. Eclarea
LL.B. LL.M. Voir Dire Examination of
Prospective Jurors Under Rule 24(A) of
Federal Rules of Criminal Procedure
State A.L.R. Annotations
96 ALR 3d 15 Racial or Ethnic Prejudice of
Prospective Jurors as Proper Subject of Inquiry or
Ground of Challenge on Voir Dire in State Criminal
Case.
14 L. Ed. 2d 763 Effect of Accused’s Federal
Constitutional Rights on Scope of Voir Dire
Examination of Prospective Jurors- Supreme Court
Cases
95 ALR 3d 172 Religious Belief, Affiliation or Prejudice
of Prospective Juror as Proper Subject of Inquiry or
Ground for Challenge on Voir Dire
63 ALR 3d 1052 Jury Membership in Racially Biased
or Prejudiced Organization as Proper Subject of Voir
Dire Inquiry or Ground for Challenge
Secondary Sources
Legal Periodicals
LegalTrac
“Select the Right Jury for Your Case, Here’s How to Root Out Bias
Among Potential Jurors During Voir Dire to Strengthen Your Client’s
Chance of a Fair Trial” Dan Christensen, Trial, April 2004 v. 40 i4
p.58(5)
“Latent Bias and the Challenge of Voir Dire” Brian Wojtalewicz,
Bench & Bar of Minnesota, Feb. 2004 v. 61 i2 p. 18-22
“Voir Dire: It’s Not Just What’s Asked, But Who’s Asking and How”
David Court, Army Lawyer, Sept. 2003 p.32(3)
“Avoid Bald Men and People with Green Socks? Other Ways to
Improve the Voir Dire Process in Jury Selection” Valerie P. Hans,
Alayne Jehle, Chicago-Kent Law Review, Summer 2003 v. 78 i3
p.1179-1201
“Nonverbal Cues Show Bias Jurors May Hide in Voir Dire: It’s Not
What They Say, but How They Act” Andrea Mosmann. The Los
Angeles Daily Journal, June 9, 2003 v. 116 il 10 p.S9
Lexis Nexis
“Symposium Issue on the Selection and Function of the Modern
Jury: Commentary: Getting to Know You” Robert F. Hanley, The
American University Law Review, Winter 1991. 40 Am. U.L. Rev.
865
“Civil Trial Reform and the Appearance of Fairness” Patrick E.
Longan, Marquette Law Review, Fall 1995, 79 Marq. L. Rev. 295
“Paying the Piper: Proposed Reforms of the Increasingly Bountiful
but Controversial Profession of Trial Consulting” Franklin Strier,
South Dakota Law Review, 1998/1999, 44 S.D. L. Rev. 699
“Swearing with Crossed Fingers: Jury Honesty and Voir Dire” Jan
Mills Spaeth, State Bar of Arizona, Jan. 2001, 37 AZ Attorney 38
“Voir Dire Debate Escalates Over Lawyer’s Participation” John Riley,
The National Law Journal, December 24, 1984
“To Down a Stealth Juror, Strike First” Edward M. Bodaken, George
R. Speckart, The National Law Journal, Sept. 23, 1996
“Boy there sure are
a lot of journal
articles out there
talking about the
psychology of voir
dire!” says cookie
monster, as he
devours yet another
cookie.