Voir Dire
Literal meaning: “To speak the truth. (Law French)”
What does the Latin term "Voir Dire" mean in law?
Voir dire is the process by which prospective jurors are questioned by attorneys and the judge to determine their qualifications and potential biases before being selected to serve on a jury. During voir dire, attorneys may challenge prospective jurors for cause (demonstrating actual bias or inability to be impartial) or through peremptory challenges (without stating a reason, subject to Batson limitations prohibiting discrimination based on race, sex, or ethnicity). Voir dire may also refer to a preliminary examination of a witness to determine the admissibility of their testimony, such as qualifying an expert witness.
Source: Procedure · Legal Latin
Legal Definition
Voir dire is the process by which prospective jurors are questioned by attorneys and the judge to determine their qualifications and potential biases before being selected to serve on a jury. During voir dire, attorneys may challenge prospective jurors for cause (demonstrating actual bias or inability to be impartial) or through peremptory challenges (without stating a reason, subject to Batson limitations prohibiting discrimination based on race, sex, or ethnicity). Voir dire may also refer to a preliminary examination of a witness to determine the admissibility of their testimony, such as qualifying an expert witness.
How It's Used
Voir dire is used in trial practice to describe jury selection and witness qualification proceedings. It arises in criminal procedure, civil procedure, and evidence courses. Students should know both its jury-selection and witness-qualification meanings.
Example Sentences
During voir dire, the defense attorney asked each prospective juror whether they could presume the defendant innocent until proven guilty.
The court conducted a voir dire examination of the expert witness outside the presence of the jury to determine her qualifications.
The prosecutor's use of peremptory challenges during voir dire was challenged under Batson v. Kentucky.