Document Type

Article

Publication Date

2003

Keywords

Juror bias, Voir dire, Jury trials, Juror attitudes, Batson v. Kentucky, Stereotypes and voir dire

Disciplines

Courts | Judges | Litigation

Abstract

During jury selection, many courts adopt a minimal approach to voir dire questions, asking a small number of close-ended questions to groups of prospective jurors and requiring prospective jurors to volunteer their biases. This Article describes research evidence showing that limited voir dire questioning is often ineffective in detecting juror bias. To improve the effectiveness of voir dire, the authors make four recommendations: (1) increase the use of juror questionnaires; (2) incorporate some open-ended questions; (3) expand the types of questions that are asked; and (4) allow attorneys to participate in voir dire.

Publication Citation

Published in: Chicago-Kent Law Review, vol. 78, no. 3 (2003).