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Avoid Bald Men and People with Green Socks? Other Ways to Improve the Voir Dire Process in Jury Selection

By Valerie P. Hans and Alayna Jehle


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

Topics: Juror bias, Voir dire, Jury trials, Juror attitudes, Batson v. Kentucky, Stereotypes and voir dire, Courts, Judges, Litigation
Publisher: Scholarship@Cornell Law: A Digital Repository
Year: 2003
OAI identifier: oai:scholarship.law.cornell.edu:facpub-1392
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