At the risk of sounding obvious, it’s worth revisiting the reasons for voir dire examination.  Ironically, it is much more like what most judges wish lawyers would do (get information) than it is what, in practice, most trial attorneys do (argue their case).

Go back and read our blog post entitled “Simple Jury Persuasion: It feels good to get along”. It discusses a principle called “commitment and consistency” (Mills 2000).  It captures the idea that people look for things they can agree with more readily than things they disagree with.  Simple, right?  So why won’t they talk to you when you ask rhetorical questions (that aren’t really questions) and why won’t they respond to what feels like a trick question (Is there anyone who can’t be fair and put aside…).

An effective voir dire seeks to find people who will say “YES” to issues that torture you in your sleep.  We have written extensively on this (most recently Keene and Handrich, 2009) and the formula is pretty straightforward.  What we want to do in this blog is to remind you of what you are trying to do:

• Help the jurors feel comfortable endorsing positions adverse to your case.
• Ask them whether they have strongly held positions that will cause you problems in the jury room.
• Try to get them to admit to a strength of view that makes them unfit for service in this case.

The structure of the questions is available in articles that are available for free on our website.  For now, though, just remember why you are conducting voir dire.  You are trying to find out who will cause you problems, not to persuade.  You will make great strides in bonding with the jury and leaving them wanting to hear more from you if you stick to that agenda in a direct and friendly way.

If ‘voir dire’ means to speak the truth, let’s start with the questioner.

Mills, H. (2000). Artful Persuasion: How to command attention, change minds, and influence people, AMACOM.

Keene and Handrich, 2009. Making the most of a short voir dire.

Related posts:

1. Inviting jurors to actually ‘speak the truth’ in voir dire (and why they often don’t)
2. Voir Dire Clinic
3. Voir Dire Strategy: Who’s the authoritarian?
4. Voir Dire Tips you wouldn’t likely figure out on your own
5. Voir dire lesson: “I don’t believe everything I hear”