Defending People

the tao of criminal defense trial lawyering

Voir Dire Question

Voir dire is the process of selecting (or, more accurately, deselecting) a jury. When I begin a voir dire, I don’t have a plan; I know what topics I want to discuss, but I don’t know how I’m going to discuss them. At some point, I usually like to ask a question that everyone has to answer. I like it to require some thought and reveal something about my potential jurors. I’ve been experimenting with “scaled” questions — questions that have a defined range of answers — rather than either “yes or no” questions or open-ended questions.

How’s this for a question for potential jurors in a criminal case?:

Do you strongly agree, somewhat agree, somewhat disagree, or strongly disagree with the following statement?:

“I am who I am because of circumstances beyond my control.”

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About The Author

Mark Bennett
Mark Bennett got his letter of marque from the Supreme Court of Texas in May 1995. He is famous for having no sense of humor when it comes to totalitarianism.

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  1. [...] the use of scaled questions in jury selection in a criminal trial, something that I wrote about here and here. Chris proposed three scaled questions we can use in all criminal [...]