Voir dire is a legal term derived from French, meaning “to speak the truth.” It refers to the process by which attorneys question prospective jurors to determine their suitability to serve on a jury. During voir dire, attorneys aim to identify any biases, prejudices, or conflicts of interest that may affect a juror’s ability to impartially decide a case. The judge typically oversees the voir dire process and may dismiss jurors for cause if they are deemed unfit to serve. Attorneys also have a limited number of peremptory challenges, allowing them to dismiss potential jurors without stating a reason. Voir dire plays a crucial role in ensuring a fair and impartial jury is selected for a trial.
- a preliminary examination of a witness or the jury pool by a judge or counsel.
- an investigation into the truth or admissibility of evidence, held during a trial.
Voir Dire literally means “to speak the truth.” In terms of the court, it is the process to examine and question possible jurors to determine their qualifications to serve on the jury. Under this process, the court and each attorney are allowed to ask questions to prospective jurors. Questions can be oral or written. If either attorney believes a juror is not suitable they can dismiss the juror for cause if they believe the juror is biased, unsuitable to serve, has too much knowledge about the trial or cannot be impartial to the issues at hand. Each attorney also will have a number of peremptory challenges they can use to dismiss certain jurors without cause.
The goal of the jury selection process is to sit a jury who is considered fair. In the US, Juries consist of fourteen individuals, which include 12 jurors and two alternates. Each attorney is attempting to use the voir dire process to seat a jury who may rule in favour of their client. At the end of the voir dire process, hopefully there are 14 jurors who can listen to the evidence and rule fairly.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 29th March, 2024.
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