What Is Voir Dire?
The process of questioning potential jurors before trial to determine whether they can be fair and impartial. Both sides get to ask questions and remove jurors they believe are biased.
Quick Answer
The process of questioning potential jurors before trial to determine whether they can be fair and impartial. Both sides get to ask questions and remove jurors they believe are biased.
Full Explanation
Voir dire is French for 'to speak the truth.' It is the jury selection process used in American courts. Before a trial begins, a large pool of potential jurors is brought to the courtroom, and both the judge and the attorneys question them to identify anyone who cannot be impartial.
During voir dire, lawyers look for jurors with preexisting opinions about the case, personal connections to the parties, or biases that might prevent fair deliberation. For example, in a medical malpractice case, a lawyer might ask whether any juror has had a bad experience with a doctor.
There are two ways to remove a juror. First, a 'challenge for cause' removes a juror for a specific, articulable reason — like admitting they already think the defendant is guilty. There is no limit on challenges for cause, but the judge decides whether the reason is sufficient. Second, a 'peremptory challenge' removes a juror without giving any reason at all. Each side gets a limited number of these. However, under Batson v. Kentucky (1986), peremptory challenges cannot be used to exclude jurors based on race, and later cases extended that rule to gender.
In high-profile cases, voir dire can take days or even weeks as attorneys carefully screen hundreds of prospective jurors.
Real-World Example
During the O.J. Simpson murder trial in 1994-95, jury selection took more than two months. Lawyers on both sides used extensive questionnaires and questioning to identify jurors with attitudes about race, domestic violence, and police credibility that might influence their verdict.
In a smaller civil case, voir dire might last only an hour. A personal injury lawyer might ask whether any juror has a philosophical objection to large monetary verdicts — a factor that could affect how they award damages.
Why It Matters for Law Students
Voir dire is the first major strategic battleground of a trial. Experienced trial lawyers consider jury selection the most important part of the case. It shows up in criminal procedure courses (the constitutional right to an impartial jury), evidence courses (what information jurors bring in), and civil procedure (how trials are structured). The Batson doctrine also connects to constitutional law and equal protection.