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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. See, e.g. Peretz v. United States, 501 U.S. 923 (1991).

 

Definition from Nolo’s Plain-English Law Dictionary

(vwah-deer) French for "to speak the truth," this is the questioning in court of prospective jurors by a judge or attorneys. The purpose is to determine if any juror is biased or cannot deal with the issues fairly, or if there is cause not to allow a juror to serve (such as knowledge of the facts or acquaintance with the parties or witnesses). When attorneys are allowed to conduct the voir dire, they often try to ask questions that will reveal individuals' personalities and political or cultural persuasions. In cases where the facts are shocking or the evidence is difficult to view, attorneys may also use voir dire as a way to introduce the issues so that the eventual jurors are prepared for what will happen at trial.

Definition provided by Nolo’s Plain-English Law Dictionary.

August 19, 2010, 5:26 pm

 

"Petitioner Allen Snyder was convicted of first-degree murder in a Louisiana court and was sentenced to death.  He asks us to review a decision of the Louisiana Supreme Court rejecting his claim that the prosecution exercised some of its peremptory jury challenges based on race, in violation of Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986)."

"Voir dire began on Tuesday, August 27, 1996, and proceeded as follows. . . .  Eighty-five prospective jurors were questioned as members of a panel.  Thirty-six of these survived challenges for cause; 5 of the 36 were black; and all 5 of the prospective black jurors were eliminated by the prosecution through the use of peremptory strikes."

"Batson provides a three-step process for a trial court to use in adjudicating a claim that a peremptory challenge was based on race:  First, a defendant must make a prima facie showing that a peremptory challenge has been exercised on the basis of race; second, if that showing has been made, the prosecution must offer a race-neutral basis for striking the juror in question; and third, in light of the parties' submissions, the trial court must determine whether the defendant has shown purposeful discrimination."

"Petitioner centers his Batson claim on the prosecution's strikes of two black jurors, Jeffrey Brooks and Elaine Scott.  Because we find that the trial court committed clear error in overruling petitioner's Batson objection with respect to Mr. Brooks, we have no need to consider petitioner's claim regarding Ms. Scott."

"[The] peremptory strike [of Mr. Brooks has been] shown to have been motivated in substantial part by discriminatory intent [and] could not be sustained based on any lesser showing by the prosecution.  And in light of the circumstances here - including absence of anything in the record showing that the trial judge credited the claim that Mr. Brooks was nervous . . . the record does not show that the prosecution would have pre-emptively challenged Mr. Brooks based on his nervousness alone."

"At the beginning of voir dire, when the trial court asked the members of the venire whether jury service or sequestration would pose an extreme hardship, Mr. Brooks was 1 of more than 50 members of the venire who expressed concern that jury service or sequestration would interfere with work, school, family, or other obligations."