The process of interviewing prospective jurors and determining their impartiality for service on a particular jury is called voir dire. During voir dire, potential jurors are questioned by the judge and attorneys to identify any biases, preconceived opinions, or conflicts of interest that might prevent them from being fair and impartial in the trial
. Key aspects of the voir dire process include:
- Questioning Jurors: Prospective jurors are asked a series of questions designed to reveal any biases or inability to judge the case fairly. These questions can cover attitudes, backgrounds, and opinions relevant to the case
- Challenges for Cause: If a juror demonstrates clear bias or conflict, attorneys can request their removal "for cause," meaning they are excused because they cannot be impartial
- Peremptory Challenges: Attorneys may also exclude a certain number of jurors without stating a reason, though these cannot be used discriminatorily based on race, gender, or other protected characteristics
- Building Rapport and Observing Behavior: Attorneys often use open-ended questions and observe jurors’ demeanor and responses to assess subtle biases
The goal of voir dire is to assemble a jury that can decide the case solely on the evidence presented, ensuring a fair trial as guaranteed by the Sixth Amendment in the U.S. Constitution
. In summary, voir dire is the legal procedure used to interview prospective jurors, assess their impartiality, and approve or challenge them for jury service to ensure fairness in the trial process