how do attorney challenges work during voir dire

Challenges to the Venire After they have completed questioning, the lawyers begin removing potential jurors from the venire by making challenges for cause and peremptory challenges. Challenges for Cause Challenges for cause are made when voir dire reveals that a juror is not qualified, able, or fit to serve in a particular case.

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What questions should be asked in voir dire?

Aug 27, 2020 · One of the greatest psychological obstacles that an attorney encounters in voir dire is the social desirability bias, a cognitive bias or mental shortcut used in human decision making. The social desirability bias posits that in the presence of others, people will respond to questions in a way in which to comport with social norms and expectations.

What is the voir dire process in a jury trial?

Jun 30, 2017 · Here I will discuss the rules as defined by Nevada statute and case law with respect to voir dire and cause challenges. ... That being said the judge cannot prohibit attorney-conducted voir dire in its entirety. The Whitlock v. Salmon, 104 Nev. 24, 752 P.2d 210 (1988) case provides that a complete denial of the right of counsel to conduct voir ...

Can a lawyer attack the opposing expert during voir dire?

In the voir dire process, prosecutors and defense attorneys ask members of the jury pool questions to determine whether or not they want those jurors to remain on the jury pool. In federal court, the judge often asks most of the questions. For example, if a prospective juror clearly indicates that they are biased either for or against law enforcement officials that would send a …

What's wrong with lawyer-conducteo voir oire?

Feb 17, 2021 · 4. Encourage dialogue. The best way to gather information about the potential jurors and maintain rapport with the prospective jurors as a whole is to listen to them talk. When engaging with the potential jurors during voir dire, allow them to speak as much as possible. You can achieve this by asking open-ended questions and follow-up questions ...

What is the voir dire process?

Voir dire is the process of selecting a jury. This process occurs in those cases in which there is the need for a jury, as opposed to a bench trial where the judge serves as the jury. In the voir dire process, prosecutors and defense attorneys ask members of the jury pool questions to determine whether or not they want those jurors to remain on ...

What is voir dire?

Voir dire is the process of selecting a jury. This process occurs in those cases in which there is the need for a jury, as opposed to a bench trial where the judge serves as the jury.

What did the Supreme Court rule in Batson v. Kentucky?

Kentucky (1986; see LegalSpeak, above)—a burglary case involving defendant James Batson—that prosecutors violated the Equal Protection Clause of the Fourteenth Amendment by striking jurors based on race.

What is the process of voir dire?

Although rules and practices vary among different courts and judges (always be sure to check the local rules or chamber practices), the voir dire process typically involves some permutation of the following steps: randomly selected individuals are summoned to a courthouse;

How to prepare for voir dire?

1. Have a plan. Preparing for voir dire is a crucial part of the trial preparation process that often receives short shrift. While this lack of attention is understandable given all the other demands of trial preparation, it is not advisable. Thoughtful, careful reflection on differentiating between desirable and undesirable juror characteristics based on the circumstances of your case is an investment of your time that will likely pay dividends. The ideal juror for your last case is unlikely to be the same for your current case. Which backgrounds and experiences do you think will make a potential juror more sympathetic to your case? On the other hand, which backgrounds and experiences will make a potential juror more sympathetic to your opponent’s case? Does your client have a reputation in the community? If so, what is that reputation? If potential jurors have heard of your client, what are they likely to know? Is your client sympathetic? These are important questions to ask in advance of voir dire and well worth your time to consider.

What is voir dire?

Voir dire is the process by which juries are chosen for trials. This is a critical, yet often overlooked, part of trial advocacy. The purpose of this article is to provide a brief background on the rules applicable to voir dire, as well as to provide some useful insights regarding the voir dire process.

What is the rule of civil procedure?

Subsection (a) of the rule provides that the court “may permit” either “the parties or their attorneys to examine prospective jurors. . . .” Alternatively, the court “may itself do so.” Subsection (b) requires the court to “allow the number of peremptory challenges provided by 28 U.S.C. § 1870.” That statute provides for three peremptory challenges in civil cases. However, in cases involving “ [s]everal defendants or several plaintiffs,” the court has discretion to “allow additional peremptory challenges and permit them to be exercised separately or jointly.” Under the Federal Rules of Criminal Procedure, Rule 24 addresses trial jurors. State courts have their own rules for voir dire.

How many peremptory challenges are there in civil cases?

That statute provides for three peremptory challenges in civil cases. However, in cases involving “ [s]everal defendants or several plaintiffs,” the court has discretion to “allow additional peremptory challenges and permit them to be exercised separately or jointly.”. Under the Federal Rules of Criminal Procedure, Rule 24 addresses trial jurors.

What is thoughtful reflection?

Thoughtful, careful reflection on differentiating between desirable and undesirable juror characteristics based on the circumstances of your case is an investment of your time that will likely pay dividends. The ideal juror for your last case is unlikely to be the same for your current case.

What is a voir dire?

Voir dire was too often an exercise conducted with disinterest in the jurors, used by lawyers to indoctrinate or inoculate. It often accomplished little more than extracting hollow promises of fairness, frequently reduced to little more than head-nodding. The best voir dire is derived from a solid case analysis.

What is the California Rules of Court?

California Rules of Court, rule 3.1540 (a) requires the trial judge to examine prospective jurors, orally, by written questionnaire, or both. Once the trial judge has completed that task, the attorneys must be permitted to ask additional questions. Rule 3.1540 (c) states,

Goals of Voir Dire

There are many goals in conducting voir dire (e.g., building rapport, reinforcing your case themes), and a number of things to avoid.

What Questions Not to Ask: Demographics

Attorneys often want to ascertain demographic information and think this is the most reliable way to determine who you do not want on the jury.

What Questions Not to Ask: Positive Impressions about Your Themes or Your Client

Steer clear from questions in voir dire that can raise a strong cause challenge by your adversary. For example, avoid questions that provide jurors an opportunity to give answers favorable about the themes you plan to discuss in your case and about positive views they hold for your client or its products.

What Questions to Ask: Attitudes & Beliefs

In voir dire, you should ask questions about jurors’ attitudes and beliefs. You want to ask about people’s views on government regulations, corporations and jury damage awards. Ask questions in such a way that the people who raise their hands are the jurors you who will ultimately disagree with your case.

What Questions to Ask: Life Experiences

Another useful predictor of juror leanings is life experiences. Especially revealing are any experiences that are similar to that of the plaintiff, such as personal injuries, working conditions, or even if the juror’s age approaches the plaintiff’s.

Using Juror Profiles in Voir Dire

Now, we know that for some attorneys asking these types of questions goes against what they have been taught about how to ask voir dire questions. We’ve come across a number of attorneys who think it’s best to ask questions where people don’t actually raise their hands.

Conclusion

When used effectively, voir dire can help attorneys make the most of their jury panel and be confident in their strikes. When you aren’t sure what you should ask, give us a call and we can help with your voir dire development to determine key questions to include.

How do you know which people are right for your case?

Jury selection is set to begin this week in the Bill Cosby trial, so what better time to discuss the ins and outs of voir dire? Some states don’t let attorneys do much of anything when picking a jury. Other states, though, open the floor to them, and there’s no better way to figure out who’ll vote for an acquittal than by doing a solid voir dire.

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What is the voir dire process?

The voir dire process refers to testimony that establishes an expert’s qualifications.

What happens after a preliminary inquiry?

After the preliminary inquiry is completed, opposing counsel then has the opportunity to ask the witness its own questions. Once the court rules that the witness is qualified to testify as an expert, the direct examination into the substantive matters at issue can begin.

What is a teaching experience?

Any teaching experience within the specific practice area; Any publications related to the subject matter; The number of cases involving the subject matter that the expert has handled throughout his career; The testing and experimenting methods used in the field; and.