Voir dire
From Wikipedia, the free encyclopedia
Voir dire (IPA /vwaɻ diɻ/) is a phrase in law which derives from Middle French; in modern English it is interpreted to mean "speak the truth" and generally refers to the process by which prospective jurors are questioned about their backgrounds and potential biases before being invited to sit on a jury.
Voir dire can include both general questions asked of an entire pool of prospective jurors, answered by means such as a show of hands, and questions asked of individual prospective jurors and calling for a verbal answer. In some jurisdictions, the attorneys for the parties may question the witnesses; in other jurisdictions, the trial judge conducts the voir dire.
In the United States the process of voir dire is often much more in depth than in other countries and its practical implementation is somewhat controversial because of this. The amount of privacy that the potential jurors are afforded when asked questions raises the issue of the definition of "impartial jury". Some people question if the intensive questioning of potential jurors looks not just for inherent bias but for a potential to be emotionally swayed. On the other hand, proponents argue that this method gives both sides more confidence in the verdict.
The process in England and Wales simply consists of the single question: "Can you give a fair hearing to both the Crown and the defence?" Any prospective juror who affirmatively answers the question is impanelled on the jury.
Voir dire may also be a special hearing where a judge decides whether evidence can be presented at trial. It is a trial within a trial, where the victim may be called to testify.
In common trial, however, voir dire is a motion to cross-examine an expert witness during opposing counsel's direct examination. This action is intended to establish the credibility of said witness before damaging evidence is brought to court through this witness who may not be credible. This saves possibly not only days of testimony and wasted time for a court, but also ensures any prejudicial evidence is brought through by a credible, expert witness.
