Standard 8-5.4. Voir Dire

• Library: ABA Standards for Criminal Justice--Fair Trial and Public Discourse (ABA) (2019 Ed.)

Standard 8-5.4. Voir Dire

If it is likely that any prospective jurors have been exposed to prejudicial publicity, they should be individually questioned to determine what they have read and heard about the case and how any exposure has affected their attitudes toward the trial. Questioning should take place outside the presence of other chosen and prospective jurors and in the presence of counsel. A record of prospective jurors' examinations should be maintained and any written questionnaires used should be preserved as part of the court record.

Related Standards

ABA Standards for Criminal Justice, Trial by Jury 15-2.4 (3d ed. 1996) ABA Principles for Juries & Jury Trials 7 and 11 (2005)

Commentary

The voir dire examination of prospective jurors traditionally has been considered one of the most important safeguards of a fair trial.⁹⁴Although there is considerable debate about jurors' ability to accurately diagnose their partiality, there is no question that voir dire about exposure to...