Massachusetts Voir Dire Examination
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FAQ
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.
Prospective jurors are selected at random from the resident lists supplied to the OJC every year by each of the 351 cities and towns in Massachusetts. All of a judicial district's resident names are combined into a large database, where they're randomly shuffled by a computer program.
When attorney or party voir dire is allowed, the trial judge shall, at a minimum, allow the attorneys or parties to ask reasonable follow-up questions seeking elaboration or explanation concerning juror responses to the judge's questions, or concerning any written questionnaire.
A voir dire is a separate hearing in which the trier of law determines whether evidence is admissible and can potentially be entered into evidence in the trial. A voir dire can also be convened to determine the competence of a witness or to determine whether an expert witness is qualified to give evidence.
The justice system depends on each member of a jury being confidently able to express their personal opinion. While juries engage in collaborative thinking and discussion, it's essential to seat jurors who have the courage of their individual convictions.
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.