ATTORNEY-CONDUCTED VOIR DIRE OF JURORS - A CONSTITUTIONAL RIGHT (FROM CRIMINAL JUSTICE SYSTEMS REVIEW, 1974 BY JON S SCHULTZ AND JON P THAMES - SEE NCJ-30751)

• NCJ Number: 30767
• Author(s): S M GUTMAN
• Date Published: 1974
• Length: 40 pages
• Corporate Author: William S Hein and Co, Inc
• Publication Format: Document
• Publication Type: Historical Overview
• Language: English
• Country: United States of America

Annotation

FEDERAL RULE 24 PROVIDES THAT FEDERAL COURTS MAY PRECLUDE DEFENSE COUNSEL FROM EXAMINING JURORS ON THEIR VOIR DIRE AND PERMITS JUDGES TO LIMIT COUNSEL TO SUGGEST QUESTIONS TO THE COURT FOR USE AT ITS OWN DISCRETION.

Abstract

THE AUTHOR ARGUES IN THIS ARTICLE THAT THE TRIAL JUDGE SHOULD NOT ASSUME THE DUTY OF FERRETING OUT JURY BIAS AND/OR PRECONCEPTION AND THAT THIS JOB IS BEST LEFT TO DEFENSE COUNSEL. TO SUPPORT HIS ARGUMENT, HE REVIEWS THE PRE-AMERICAN REVOLUTION ENGLISH PRACTICE REGARDING VOIR DIRE, THE DEBATE SURROUNDING ADOPTION OF THE SIXTH AMENDMENT, THE POLICY ADOPTED BY THE MAJORITY OF STATES AFTER THE REVOLUTION, AND THE PARTICULAR TYPES OF CASES WHICH REQUIRE ATTORNEY-CONDUCTED VOIR DIRE IN ORDER TO PROVIDE A MINIMALLY 'FAIR TRIAL.' PERTINENT CASE LAW IS CITED.