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(d) Voir dire of any prospective jurors shall, where practicable, take place in the presence of the other jurors in all criminal cases, including death penalty cases. Examination of prospective jurors shall be conducted only in aid of the exercise of challenges for cause.
Voir Dire and Jury Selection gather information about individual prospective jurors regarding their potential to be fair-minded and impartial, and to apply the law as instructed; educate the jury about the parties' respective theories of the case; develop a rapport with, and earn the trust and respect of, the jury;
The judge and attorneys ask the potential jurors questions, general or related to the specific case before them, to determine their suitability to serve on the jury. This process is called voir dire, which typically results in some prospective jurors being excused, based on their answers, from serving in that trial.
The Importance of Voir Dire For both the defense and prosecution, voir dire constitutes a very important part of a jury trial. Effective voir dire can work to identify jurors who can be fair and impartial, rather than unfair and biased regarding a particular party or the entire criminal justice system.
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Section 223, pertaining to voir dire in criminal trials, provides for an initial examination of pro- spective jurors by the judge. Thereafter, counsel may question prospective jurors directly, but the court retains broad discretion to limit the amount of time allotted for lawyer-conducted voir dire.