What Is Voir Dire in Criminal Defense?

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When you are arrested for a criminal offense, you are entitled to a fair trial which depending on the crime, may include a jury. Voir dire is the latin term for questioning jurors to ensure they are fit to serve. Both prosecutors and criminal defense lawyers can participate in voir dire. Here’s what you should know and how to get help from a New York criminal defense attorney.

Qualifying for Jury Duty

Not just anyone can serve on any jury. The process of selecting jurors for each case is detailed and involves questioning jurors and summarizing the case for them. Potential jurors are asked a series of questions that pertain to the case to determine if there are any prejudices or biases the juror has that would make them poorly suited to serve on this particular jury.

For example, a juror that has been exposed to extensive news articles and other media reports about the case may not be able to maintain impartiality in order to judge the defendant fairly. Voir dire ensures that the jurors selected to hear the case are neutral, fair, and impartial and that no conflicts of interest exist.

Questions Asked During Voir Dire

The following questions may be asked by either the prosecution or the defense during the process of voir dire:

  • Is the juror willing to accept and apply laws that pertain to the case?
  • Does the juror have any relationship to anyone involved in the case?
  • Does the juror have any biases towards people of certain races or ethnic backgrounds? Do they have any prejudices against people with different sexualities, religions, abilities, or gender identities than them?
  • Will a juror be able to consider only the evidence presented in court when deliberating about the defendant’s guilt?

Jurors must also be a citizen of the United States, be over the age of 18, and have no felonies on their criminal record. They must be available for the entire duration of the case and commit to being wholly fair and objective.

How to Prepare for Voir Dire In Your New York Criminal Defense Case

The key to selecting a fair jury is an experienced New York criminal defense lawyer. Your attorney should be prepared to ask a multitude of questions to ensure that each juror on your case is fit to serve. Contact New York criminal defense attorney Scott Cerbin now by calling 718-596-1829.

By : First Page Attorney | March 10, 2022 | Criminal Defense

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I am attorney Scott G. Cerbin, Esq., and my firm is located in downtown Brooklyn near the Borough Hall and Jay Street stops. The Law Office Of Scott G. Cerbin, Esq., PLLC, offers free initial consultations to individuals living within all five New York City boroughs. You can reach me at any hour of the day or night, regardless of the complexity of your issue.

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