Hawaii Sample Questions, Voir Dire Examination
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FAQ
During voir dire the lawyers may ask the judge to excuse a juror from sitting on the case. This is called "challenging a juror". There are two types of challenges: a challenge for cause and a peremptory challenge.
The judge and the attorneys ask jurors questions to determine if the jurors are free of bias (prejudice) or whether there is any other reason why they cannot be fair and impartial; this process is called voir dire.
French for "to speak the truth." The process through which potential jurors from the venire are questioned by either the judge or a lawyer to determine their suitability for jury service. Also the preliminary questioning of witnesses (especially experts) to determine their competence to testify.
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 Jury's Verdict The decision is made on the evidence introduced, and the jury's decision on the facts is usually final.
For trial lawyers, the goal of the voir dire process is to ensure that no members of the jury are harboring any biases that could jeopardize the outcome of the case. Without a strategic, well-prepared voir dire process, you run the risk of starting from behind with the jury when the trial begins.
The Importance of Voir Dire 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. Clearly, the desired ultimate outcome in a jury trial is different for the prosecution and defense.
Voir dire allows attorneys: and judges to question potential jurors to determine their acceptability to serve on a jury.