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To Be Fair and Impartial or Honest and Candid? A Content Analysis of Attorney and Judge Led Voir Dire

Thu, November 17, 8:00 to 9:15am, Sheraton, Kent

Abstract

The purpose of voir dire is to determine whether members of the jury panel are qualified to serve on a jury. This goal is generally accomplished by posing a series of judge or attorney initiated questions. This study content analyzed the voir dire portion of 16 trial transcripts to determine the relative emphasis judges and attorneys placed on the norm of jurors being “fair and impartial” as opposed to encouraging candor and honesty. Results confirmed the belief that the norm of fair and impartial is referenced and emphasized more than candor and honesty. Implications for jury selection are discussed and suggestions for encouraging juror honesty are presented.

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