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Are there questions during voir dire that prospective juror's don't have to answer?
Different court systems may have different ways of handling this situation, and I will answer ONLY from MY experience. All jurors are asked the same basic questions and all must answer them. Based on certain responses jurors may make on their juror questionnaire, they may be asked additional questions based on those responses. If they don't wish to answer a specific question in open voir dire (in front of the entire jury pool), they may request permission to approach the bench (judge) and answer that question only to the judge (of course it is required that the attorneys for both sides and the court stenographer will also be a party to the conference).
What else can I help you with?
What type of jury is subjected to voir dire?
A petit jury, which is the regular jury that listens to testimony and renders a verdict in a trial, is subjected to voir dire. This process involves questioning potential jurors to ensure impartiality and suitability to serve on the jury.
Why can jury members be challenged?
During the "Voire Dire" portion of jury selection, a certain number of jurors can be "challenged" by both the prosecution and the defense. They eliminate from jury consdideration those potential jurors whom they believe may display leanings, or could possibly show favoritism, towards one side or the other. It is standard practice in jury selection.
What are the qualifications to be on jury duty?
Depending on the state: You are drawn from either a pool of registered voters or drivers license holders. If you are actually chosen to be considered for a jury you then undergo a process known as Voire Dire where attornies from both sides will question you closely on many topics, as they make their decisions on who will be called to be seated.
Que veut dire le mot laws?
Le mot "laws" signifie "lois" en français. Il fait référence aux règles établies par un gouvernement ou une autorité pour régir la conduite et les interactions des individus dans une société donnée.
Do you have to be a citizens to serve on jury duty?
If you reside in a state where the juror pool is drawn from the Motor Vehicle records this could be a factor in your being summoned for jury duty. However in a state where the juror pool is taken from the pool of registered voters this would not occur. If you are drawn form the DMV records you can advise the court of your citizenship status and you MIGHT be excused -OR- if you reach the jury selection phase one of the attorneys on the case may "challenge" you off the jury pool furing Voire Dire.
What is the maximum age of a juror?
There is no "maximum" age for a juror. It is against Federal Law to discriminate based solely upon age. The competence/fitness of jurors is detemined during "voire dire" when prospective jurors are questioned by the opposing attorneys before being empaneled.
Can a person in NY State serve on a jury if that person is on parole for a DWI?
There are no disqualifications to service, but the attornies will usually discover and learn of any potential jurors with pending legal problems during the "voire dire" process, in which prospective jurors are questioned prior to their actual selection to be seated on a jury.
What are good voir dire questions?
Voire dire are questions that lawyers ask potential jurors to see if they be good for their case. Good questions would be to see if they have any biases or if they know anyone involved. Specific questions would depend on the case.
In Missouri can women be excused from jury duty based on their sex?
Absolutely not. HOWEVER - when selecting a jury panel - during Voire Dire, the attorneys questioning the prospective jurors MAY, for their own reasons, exercise a peremptory challenge against certain jurors they feel may be hostile to their case. They do NOT have to explain their reason why, but the sex of the juror could be a factor in a particular case.
What is A challenge in which an attorney has broad discretion in excusing jurors?
It is called a PEREMPTORY CHALLENGE and is exercised during the Voir Dire portion of jury selection.
Sample Voir Dire in a Child Custody Case?
Only Texas allows juries in custody cases, but jury questions are not allowed in advance. You get the next batch of available jurors on the list.
What is voir dire?
Voir dire refers to the questioning of prospective jurors, during the jury selection process, by the judge and attorneys. It is used as a means to determine a bias in any juror which may make them unable to judge the issues fairly. When people respond to a jury summons, they gather at the court house to form a pool of potential jurors from which they are called in groups for specific criminal or civil trials. There they are questioned by attorneys for each side and/or the trial judge about their background, life experiences, and opinions to determine whether they can weigh the evidence fairly and objectively. This process is called voir dire, an Anglo-French term meaning "to speak the truth." Voir dire may also involve questioning of an expert witness to determine the level of competency or a hearing held outside the presence of the jury during a trial.
Is voir dire a process for presenting evidence in a case?
No, voir dire is a process by which the lawyers and parties in a trial question potential jurors or proposed expert witnesses in order to determine if they are qualified to serve as jurors or testify as experts respectively. As to jurors, common questions are as to whether they know any of the parties or witnesses, whether they have formed any opinions of the case already and other such questions to ensure that the potential juror is able to make a fair and unbiased judgment of the facts. As to expert witnesses, the questions are designed to discover the education and experience of the expert witness to ensure that he/she is qualified to render expert opinion testimony on the subject matter in question.
In order to challenge a juror for cause based upon bias or prejudice may the juror be examined concerning his or her relationships with parties to the action counsel prospective witnesses?
In most jurisdictions, during the voir dire part of the jury selection process, prospective jurors are asked if they know any of the persons involved in the lawsuit. That most often includes the plaintiff, defendant, judge, attorneys and witnesses. If they do, the judge will usually excuse them. This allows the attorneys to keep all of the challenges they are allowed to have. Then, the attorneys can challenge jurors for reasons other than relationship to the other people involved.
Can a juror that has a open criminal case serve on a criminal case?
No, they should not be able to do so. This is information that is specifically asked of every juror when they undergo Voire Dire prior to the jury selection process. Prospective jurors in such a situation are excused and dismissed from jury duty.
Is voir dire important to attend?
Yes, or you could be charged for failing to show up for jury duty. You can't come and go as you please. This is the time where the prospective jurors are polled to find out if there is any reason you shouldn't be on the jury. Quite important.
When each side tries to choose a jury that favors their side?
Voir dire is a legal procedure conducted before trial in which the attorneys and the judge question of prospective jurors to determine if any juror is biased and/or cannot deal with the issues fairly, or if there is cause not to allow a juror to serve.
