1. Voir Dire: The Jury Selection Process Mr. Calella Introduction to Law

2. Fact Pattern Analysis: State v. Matilda Boombatze 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

3. What is it? Selection process; French for “to tell the truth” Selection process; French for “to tell the truth” Prospective jurors questioned and challenged for bias 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 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 Need to have 12 jurors plus substitutes

4. Challenges Two types Two types “For Cause” Challenges “For Cause” Challenges If prospective juror exhibits bias; Examples? If prospective juror exhibits bias; Examples? Unlimited, but judge must approve Unlimited, but judge must approve Peremptory Challenges Peremptory Challenges Any reason at all; Examples? Any reason at all; Examples? Not SUPPOSED to for (race, gender, ethnicity), but it probably happens all the time Not SUPPOSED to for (race, gender, ethnicity), but it probably happens all the time Limited number (Criminal case, more for def.) Limited number (Criminal case, more for def.)

5. Importance of the Voir Dire One of the most important aspects of trial One of the most important aspects of trial Could last as long as the trial Could last as long as the trial PURPOSE-to obtain fair & impartial jury PURPOSE-to obtain fair & impartial jury Could be a battle of wits between the attorneys. How so? Could be a battle of wits between the attorneys. How so? It (ideally) is used to achieve a cross- section representation of the community It (ideally) is used to achieve a cross- section representation of the community

6. How it works? 12 names called at random and sit in box 12 names called at random and sit in box Prosecutor or plaintiff’s attorney goes 1 st and issues both kinds of challenges Prosecutor or plaintiff’s attorney goes 1 st and issues both kinds of challenges Successfully challenged jurors are replaced and the replacements are then challenged, etc. Successfully challenged jurors are replaced and the replacements are then challenged, etc. Once prosecution/plaintiff is satisfied, the defense issues its challenges, 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 This goes back and forth until both sides are satisfied or run out of challenges

7. Activity We will use the same fact pattern we started the class with 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) 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 Pros. (4 Peremptory; No limit for cause) 2 for Defense (same as above) 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 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 I will be the Judge

8. 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” 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. 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 At end of procedure, we will look at the jury’s make-up as compared to the fact pattern