Voir Dire

Voir dire is the process of questioning prospective jurors to identify bias, conflicts, or other reasons they may not be able to serve fairly in a particular case. The judge and, depending on the court’s rules, the lawyers may ask questions before jurors are selected. The process helps the court assemble an impartial jury.

Example: In the federal trial of Dzhokhar Tsarnaev, the district court conducted extensive voir dire of prospective jurors, and the Supreme Court later reviewed challenges related to jury selection in United States v. Tsarnaev (2022).

Common misconception: Voir dire is the trial itself or a test of whether a juror agrees with one side. It is a screening process focused on whether prospective jurors can decide the case fairly under the court’s instructions.

Sources: https://www.uscourts.gov/about-federal-courts/types-cases/jury-selection; https://www.supremecourt.gov/opinions/21pdf/20-443_1an2.pdf