Voir Dire: The Jury
Selection Process
Mr. Calella
Introduction to Law
Fact Pattern Analysis: State v.
Matilda Boombatze
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Read the fact pattern (see today’s date in wiki)
Make a two-column list of juror qualities
Name and block up top
 One side, list the favorable qualities/features sought
by the defense
 Do the same thing on the other side for the
prosecution
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What is it?
Selection process; French for “to tell the
truth”
 Prospective jurors questioned and
challenged for bias
 Jurors are not “selected”; challenges are
used to eliminate those jurors who are
most likely to be prejudiced
 Need to have 12 jurors plus substitutes
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Challenges
Two types
 “For Cause” Challenges
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 If
prospective juror exhibits bias; Examples?
 Unlimited, but judge must approve

Peremptory Challenges
 Any
reason at all; Examples?
 Not SUPPOSED to for (race, gender, ethnicity),
but it probably happens all the time
 Limited number (Criminal case, more for def.)
Importance of the Voir Dire

One of the most important aspects of trial
 Could
last as long as the trial
PURPOSE-to obtain fair & impartial jury
 Could be a battle of wits between the
attorneys. How so?
 It (ideally) is used to achieve a crosssection representation of the community
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How it works?
12 names called at random and sit in box
 Prosecutor or plaintiff’s attorney goes 1st and
issues both kinds of challenges
 Successfully challenged jurors are replaced and
the replacements are then challenged, etc.
 Once prosecution/plaintiff is satisfied, the
defense issues its challenges, etc.
 This goes back and forth until both sides are
satisfied or run out of challenges
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Activity
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We will use the same fact pattern we started the
class with
Volunteers needed to be attorneys (write out
proposed ?s on paper; see sample ?s)
 2 for Pros. (4 Peremptory; No limit for cause)
 2 for Defense (same as above)
Rest of the class will take on multiple identities of
prospective jury members; write a one-paragraph
“background” for each of your characters
I will be the Judge
Activity (continued)
I will call the juror names at random, and
when one of your identities are called you
will come sit in the “jury box”
 Prosecution will go first until satisfied, then
defense, etc.
 At end of procedure, we will look at the
jury’s make-up as compared to the fact
pattern
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