The Psychology of Voir Dire as presented on - PowerPoint PPT Presentation

Loading...

PPT – The Psychology of Voir Dire as presented on PowerPoint presentation | free to download - id: 6790df-MzgzM



Loading


The Adobe Flash plugin is needed to view this content

Get the plugin now

View by Category
About This Presentation
Title:

The Psychology of Voir Dire as presented on

Description:

The Psychology of Voir Dire as presented on By: Laura Gorman a large group of monsters gathered together, as they discussed the surprising mail that had arrived that day. – PowerPoint PPT presentation

Number of Views:7
Avg rating:3.0/5.0
Date added: 22 November 2019
Slides: 26
Provided by: LauraG69
Learn more at: http://www.debraaustin.info
Category:

less

Write a Comment
User Comments (0)
Transcript and Presenter's Notes

Title: The Psychology of Voir Dire as presented on


1
The Psychology of Voir Dire as presented on
  • By Laura Gorman

2
One sunny day, on the corner of Sesame Street
and Avenue Q
3
a large group of monsters gathered together, as
they discussed the surprising mail that had
arrived that day.
4
All of the monsters in the neighborhood had
randomly been selected for jury duty.
5
Does anyone even know what this case,
People/Monsters v. Oscar the Grouch, is about?
asks a curious and somewhat tickled Elmo.
6
Well, says Grover, I dont know for sure, but
I heard there was fowl play. Oscar, being his
usual grouchy self, got sick of Big Bird and all
that cheery yellow- so he finished BB off.
7
(No Transcript)
8
Kate chimes in, I dont think we should be
talking about this. We are supposed to be
impartial jurors. At least thats what I think
voir dire is about.
9
What do you mean? asks the group Whats Voir
Dire? Kate stammers, wwwwell, I think its the
process of asking questions and picking jurors to
get an impartial jury for a casebut maybe we
should do some research to make sure.
10
And where should we start Kate? asks
Trekkie Kate answers, I think first we should
look at Secondary Sources, from there look at
Primary Authority, and finally look to Other
Available Sources.
11
So the monsters all head off to do research on
Voir Dire and the psychology that goes into the
process. They all want to know exactly what they
will be going through, after all!
12
Secondary Sources
  • Encyclopedias

13
Am. Jur.
  • 47 Am. Jur. 2d Jury 191, Duty of Juror to Make
    True and Full Disclosures
  • 47 Am. Jur. 2d Jury 194, Manner of Conducting
    Voir Dire
  • 47 Am. Jur. 2d Jury 202, Length or Duration of
    Voir Dire
  • 47 Am. Jur. 2d Jury 190, Testimony on Voir Dire

14
So, says Trekkie, through American
Jurisprudence, we learned that the court uses
Voir Dire to determine if each juror is
competent, that we have a duty to fully disclose
our opinions, the trial court has to make sure
potential embarrassment is protected, and there
is no required limit on time for questioning.
15
C.J.S.
  • 50A C.J.S. Juries 409, Challenges and
    Objections to Jurors or Selection Process C.
    Challenges for Cause Competency of Jurors 2.
    Competency
  • 50A C.J.S. Juries 472, Challenges and
    Objections to Jurors or Selection Process E. Voir
    Dire Examination of Jurors, Examination
    Concerning Particular Topics
  • 50A C.J.S. Juries 470, Challenges and
    Objections to Jurors or Selection Process E. Voir
    Dire Examination of Jurors, Types of Questions or
    Remarks Allowed
  • 57 C.J.S. Military Justice 155, Courts-Martial
    C. Military Judges Reporters and Interpreters
    Member- Voir Dire

16
After looking through another encyclopedia,
Corpus Juris Secundum, we know that a juror might
be excluded based on their beliefs of capital
punishment, sometimes the court is required to
ask about potential biases, most questions are
proper unless they are argumentative,
repetitious, prejudicial, misleading or
confusing, and we can be questioned about being
racist! declared grover.
17
Secondary Sources
  • Treatises

18
Treatises
  • Jury Selection Strategy and Science 3.3 (3d
    ed.) Identifying Bias Among Potential Jurors-
    Implied Bias Ted Donner
  • Jury Selection Strategy and Science Ch. 5. Ref.
    (3d ed.) Working With Trial Consultants Chapter
    References Ted Donner
  • Jury Selection Strategy and Science 108 (3d
    ed.) Juries as Task-Oriented Groups-
    Anticipating Group Dynamics During Deliberations
    Ted Donner
  • Jury Selection Strategy and Science 171 (3d
    ed.) Strategic Objectives- Crafting Appropriate
    Questions for Use in Voir Dire Ted Donner

19
Secondary Sources
  • A.L.R. Annotations

20
Federal A.L.R. Annotations
  • 28 ALR Fed. 27 Romualdo P. Eclarea LL.B. LL.M.
    Voir Dire Examination of Prospective Jurors Under
    Rule 24(A) of Federal Rules of Criminal Procedure

21
State A.L.R. Annotations
  • 96 ALR 3d 15 Racial or Ethnic Prejudice of
    Prospective Jurors as Proper Subject of Inquiry
    or Ground of Challenge on Voir Dire in State
    Criminal Case.
  • 14 L. Ed. 2d 763 Effect of Accuseds Federal
    Constitutional Rights on Scope of Voir Dire
    Examination of Prospective Jurors- Supreme Court
    Cases
  • 95 ALR 3d 172 Religious Belief, Affiliation or
    Prejudice of Prospective Juror as Proper Subject
    of Inquiry or Ground for Challenge on Voir Dire
  • 63 ALR 3d 1052 Jury Membership in Racially Biased
    or Prejudiced Organization as Proper Subject of
    Voir Dire Inquiry or Ground for Challenge

22
Secondary Sources
  • Legal Periodicals

23
LegalTrac
  • Select the Right Jury for Your Case, Heres How
    to Root Out Bias Among Potential Jurors During
    Voir Dire to Strengthen Your Clients Chance of a
    Fair Trial Dan Christensen, Trial, April 2004 v.
    40 i4 p.58(5)
  • Latent Bias and the Challenge of Voir Dire
    Brian Wojtalewicz, Bench Bar of Minnesota, Feb.
    2004 v. 61 i2 p. 18-22
  • Voir Dire Its Not Just Whats Asked, But Whos
    Asking and How David Court, Army Lawyer, Sept.
    2003 p.32(3)
  • Avoid Bald Men and People with Green Socks?
    Other Ways to Improve the Voir Dire Process in
    Jury Selection Valerie P. Hans, Alayne Jehle,
    Chicago-Kent Law Review, Summer 2003 v. 78 i3
    p.1179-1201
  • Nonverbal Cues Show Bias Jurors May Hide in Voir
    Dire Its Not What They Say, but How They Act
    Andrea Mosmann. The Los Angeles Daily Journal,
    June 9, 2003 v. 116 il 10 p.S9

24
Lexis Nexis
  • Symposium Issue on the Selection and Function of
    the Modern Jury Commentary Getting to Know You
    Robert F. Hanley, The American University Law
    Review, Winter 1991. 40 Am. U.L. Rev. 865
  • Civil Trial Reform and the Appearance of
    Fairness Patrick E. Longan, Marquette Law
    Review, Fall 1995, 79 Marq. L. Rev. 295
  • Paying the Piper Proposed Reforms of the
    Increasingly Bountiful but Controversial
    Profession of Trial Consulting Franklin Strier,
    South Dakota Law Review, 1998/1999, 44 S.D. L.
    Rev. 699
  • Swearing with Crossed Fingers Jury Honesty and
    Voir Dire Jan Mills Spaeth, State Bar of
    Arizona, Jan. 2001, 37 AZ Attorney 38
  • Voir Dire Debate Escalates Over Lawyers
    Participation John Riley, The National Law
    Journal, December 24, 1984
  • To Down a Stealth Juror, Strike First Edward M.
    Bodaken, George R. Speckart, The National Law
    Journal, Sept. 23, 1996

25
Boy there sure are a lot of journal articles out
there talking about the psychology of voir dire!
says cookie monster, as he devours yet another
cookie.
About PowerShow.com