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The Psychology of Voir Dire as presented on

The Psychology of Voir Dire as presented on. By: Laura Gorman. One sunny day, on the corner of Sesame Street and Avenue Q. a large group of monsters gathered together, as they discussed the surprising mail that had arrived that day.

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The Psychology of Voir Dire as presented on

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  1. The Psychology of Voir Direas presented on By: Laura Gorman

  2. One sunny day, on the corner of Sesame Street and Avenue Q

  3. a large group of monsters gathered together, as they discussed the surprising mail that had arrived that day.

  4. All of the monsters in the neighborhood had randomly been selected for jury duty.

  5. “Does anyone even know what this case, People/Monsters v. Oscar the Grouch, is about?” asks a curious and somewhat tickled Elmo.

  6. “Well,” says Grover, “I don’t know for sure, but I heard there was fowl play. Oscar, being his usual grouchy self, got sick of Big Bird and all that cheery yellow- so he finished BB off.”

  7. Kate chimes in, “I don’t think we should be talking about this. We are supposed to be impartial jurors. At least that’s what I think voir dire is about.”

  8. “What do you mean?” asks the group… “What’s Voir Dire?”Kate stammers, “wwwwell, I think it’s the process of asking questions and picking jurors to get an impartial jury for a case…but maybe we should do some research to make sure.”

  9. “And where should we start Kate?” asks TrekkieKate answers, “I think first we should look at Secondary Sources, from there look at Primary Authority, and finally look to Other Available Sources.”

  10. So the monsters all head off to do research on Voir Dire and the psychology that goes into the process. They all want to know exactly what they will be going through, after all!

  11. Secondary Sources Encyclopedias

  12. Am. Jur. • 47 Am. Jur. 2d Jury 191, Duty of Juror to Make True and Full Disclosures • 47 Am. Jur. 2d Jury 194, Manner of Conducting Voir Dire • 47 Am. Jur. 2d Jury 202, Length or Duration of Voir Dire • 47 Am. Jur. 2d Jury 190, Testimony on Voir Dire

  13. “So,” says Trekkie, “through American Jurisprudence, we learned that the court uses Voir Dire to determine if each juror is competent, that we have a duty to fully disclose our opinions, the trial court has to make sure potential embarrassment is protected, and there is no required limit on time for questioning.”

  14. C.J.S. • 50A C.J.S. Juries § 409, Challenges and Objections to Jurors or Selection Process C. Challenges for Cause; Competency of Jurors 2. Competency; • 50A C.J.S. Juries § 472, Challenges and Objections to Jurors or Selection Process E. Voir Dire Examination of Jurors, Examination Concerning Particular Topics • 50A C.J.S. Juries § 470, Challenges and Objections to Jurors or Selection Process E. Voir Dire Examination of Jurors, Types of Questions or Remarks Allowed • 57 C.J.S. Military Justice § 155, Courts-Martial C. Military Judges; Reporters and Interpreters; Member- Voir Dire

  15. “After looking through another encyclopedia, Corpus Juris Secundum, we know that a juror might be excluded based on their beliefs of capital punishment, sometimes the court is required to ask about potential biases, most questions are proper unless they are argumentative, repetitious, prejudicial, misleading or confusing, and we can be questioned about being racist!” declared grover.

  16. Secondary Sources Treatises

  17. Treatises • Jury Selection Strategy and Science § 3.3 (3d ed.) “Identifying Bias Among Potential Jurors- Implied Bias” Ted Donner • Jury Selection Strategy and Science Ch. 5. Ref. (3d ed.) “Working With Trial Consultants Chapter References” Ted Donner • Jury Selection Strategy and Science § 10:8 (3d ed.) “Juries as Task-Oriented Groups- Anticipating Group Dynamics During Deliberations” Ted Donner • Jury Selection Strategy and Science § 17:1 (3d ed.) “Strategic Objectives- Crafting Appropriate Questions for Use in Voir Dire” Ted Donner

  18. Secondary Sources A.L.R. Annotations

  19. Federal A.L.R. Annotations • 28 ALR Fed. 27 Romualdo P. Eclarea LL.B. LL.M. Voir Dire Examination of Prospective Jurors Under Rule 24(A) of Federal Rules of Criminal Procedure

  20. State A.L.R. Annotations • 96 ALR 3d 15 Racial or Ethnic Prejudice of Prospective Jurors as Proper Subject of Inquiry or Ground of Challenge on Voir Dire in State Criminal Case. • 14 L. Ed. 2d 763 Effect of Accused’s Federal Constitutional Rights on Scope of Voir Dire Examination of Prospective Jurors- Supreme Court Cases • 95 ALR 3d 172 Religious Belief, Affiliation or Prejudice of Prospective Juror as Proper Subject of Inquiry or Ground for Challenge on Voir Dire • 63 ALR 3d 1052 Jury Membership in Racially Biased or Prejudiced Organization as Proper Subject of Voir Dire Inquiry or Ground for Challenge

  21. Secondary Sources Legal Periodicals

  22. LegalTrac • “Select the Right Jury for Your Case, Here’s How to Root Out Bias Among Potential Jurors During Voir Dire to Strengthen Your Client’s Chance of a Fair Trial” Dan Christensen, Trial, April 2004 v. 40 i4 p.58(5) • “Latent Bias and the Challenge of Voir Dire” Brian Wojtalewicz, Bench & Bar of Minnesota, Feb. 2004 v. 61 i2 p. 18-22 • “Voir Dire: It’s Not Just What’s Asked, But Who’s Asking and How” David Court, Army Lawyer, Sept. 2003 p.32(3) • “Avoid Bald Men and People with Green Socks? Other Ways to Improve the Voir Dire Process in Jury Selection” Valerie P. Hans, Alayne Jehle, Chicago-Kent Law Review, Summer 2003 v. 78 i3 p.1179-1201 • “Nonverbal Cues Show Bias Jurors May Hide in Voir Dire: It’s Not What They Say, but How They Act” Andrea Mosmann. The Los Angeles Daily Journal, June 9, 2003 v. 116 il 10 p.S9

  23. Lexis Nexis • “Symposium Issue on the Selection and Function of the Modern Jury: Commentary: Getting to Know You” Robert F. Hanley, The American University Law Review, Winter 1991. 40 Am. U.L. Rev. 865 • “Civil Trial Reform and the Appearance of Fairness” Patrick E. Longan, Marquette Law Review, Fall 1995, 79 Marq. L. Rev. 295 • “Paying the Piper: Proposed Reforms of the Increasingly Bountiful but Controversial Profession of Trial Consulting” Franklin Strier, South Dakota Law Review, 1998/1999, 44 S.D. L. Rev. 699 • “Swearing with Crossed Fingers: Jury Honesty and Voir Dire” Jan Mills Spaeth, State Bar of Arizona, Jan. 2001, 37 AZ Attorney 38 • “Voir Dire Debate Escalates Over Lawyer’s Participation” John Riley, The National Law Journal, December 24, 1984 • “To Down a Stealth Juror, Strike First” Edward M. Bodaken, George R. Speckart, The National Law Journal, Sept. 23, 1996

  24. “Boy there sure are a lot of journal articles out there talking about the psychology of voir dire!” says cookie monster, as he devours yet another cookie.

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