The Art and Science of Voir Dire: Empirical Research, Anecdotal Lessons from the Masters, and Illustrations Supporting the Ten Commandments of Voir Dire
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Date
2020-07-01
Authors
Caldwell, Harry Mitchell
Journal Title
Journal ISSN
Volume Title
Publisher
University of Oregon School of Law
Abstract
The least examined aspect of trial is voir dire. Although numerous law review articles and textbooks have studied and analyzed opening statements, direct examinations, cross-examinations, and closing arguments, voir dire has largely gone undiscussed. This is, in part, because, with few exceptions, voir dire is the product of local customs and idiosyncrasies that vary not just from state to state, or even from county to county, but oftentimes from courtroom to courtroom within the same courthouse. Another reason for the relative paucity of voir dire research and examination is the freewheeling nature of voir dire itself. As the only aspect of trial where advocates directly interact with persons from outside the justice system, prospective jurors bring an element of uncertainty and unpredictability to voir dire that can defy efforts to suggest generalized approaches let alone specific rules. Yet, despite the somewhat chaotic and even messy nature of voir dire, some truisms can and will assist counsel. This Article speaks to those truisms. The ten commandments set forth in this Article instruct counselors how to effectively conduct voir dire.
Description
30 pages
Keywords
Voir Dire, Trials, Practice of law, Jurors
Citation
98 Or. L. Rev. 577