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Expections of Privacy? Jurors' Views of Voir Dire Questions

NCJ Number
191308
Journal
Judicature Volume: 85 Issue: 1 Dated: July/August 2001 Pages: 10-17
Author(s)
Mary R. Rose
Editor(s)
David Richert
Date Published
August 2001
Length
8 pages
Annotation
This article provided empirical data about jurors’ impressions of privacy during voir dire (preliminary examination of juror to determine competency) vis-à-vis the scope of questioning.
Abstract
Balancing jurors’ privacy interests when determining the scope of voir dire (the preliminary examination of a juror to determine competency) is a complex task for judges, in part because what “privacy” means is not well understood. In thinking about juror privacy, judges may need to determine not only whether a question can be asked but how and under what circumstances. This study examined jurors’ thoughts of privacy during voir dire. The study sample consisted of people who were either selected for or excused from a series of felony criminal cases. Participants rated the extent to which their privacy was violated during jury selection, the types of questions that engendered dissatisfaction, why a question was bothersome, and how offended they felt. Results indicated that more than half of the participants could identify at least one question that seemed either unnecessary, made them feel uncomfortable, or seemed too private or personal. In addition, mean ratings on several privacy measures revealed only a modestly positive view of voir dire. Several implications and reforms at improving jurors’ sense of privacy protection were recommended and discussed.