Tuesday, July 19, 2022

Voir Dire

Jury selection starts for Steve Bannon's trial. He's Donald Trump's former adviser.

Dozens of prospective jurors filed into a federal courthouse just down the street from the U.S. Capitol on Monday on the first day of the trial of former Donald Trump political adviser Steve Bannon, who's charged with contempt of Congress for flouting subpoenas from the House select committee investigating the Jan. 6 insurrection.

They were asked a lot of questions about Bannon, a conservative media star, such as whether they've written or said anything about him, and also about the committee, which is expected to wrap up its summer hearings on its investigation into the Capitol attack this week.

As spectators and press crammed into the courthouse for the high-profile case, the potential jurors patiently waited in hallways, reading their phones, or books or magazines.

U.S. District Judge Carl Nichols said the final phase of jury selection would conclude Tuesday morning, when lawyers pare down the pool of 22 prospective jurors to 12 jurors and two alternates. Then, opening statements will begin in what appears to be a speedy trial.

"You are not permitted to discuss this case with anyone," the judge said as he excused the smaller group of possible jurors. He asked them to avoid reading anything overnight about the Bannon prosecution and told them not to tweet, text, blog or email.

- Voir Dire.

Voir dire (/ˈvwɑːr dɪər/; often /vɔɪr daɪər/; from an Anglo-Norman phrase meaning literally "to see to say" or better translated "see what will be said") is a legal phrase for a variety of procedures connected with jury trials. It originally referred to an oath taken by jurors to tell the truth (Latin: verum dicere or "speak the truth"). This term is also used informally to describe the practice of jury selection in certain jurisdictions.

. . . In the United States, voir dire is the process by which prospective jurors are questioned about their backgrounds and potential biases before being chosen to sit on a jury. "Voir Dire is the process by which attorneys select, or perhaps more appropriately reject, certain jurors to hear a case." It also refers to the process by which expert witnesses are questioned about their backgrounds and qualifications before being allowed to present their opinion testimony in court. As noted above, in the United States (especially in practice under the Federal Rules of Evidence), voir dire can also refer to examination of the background of a witness to assess their qualification or fitness to give testimony on a given subject. Voir dire is often taught to law students in trial advocacy courses.

Colloquially, among attorneys and their staff, the term is used to describe the process of selecting a jury in some jurisdictions. Jury selection differs based on the court and locality where a trial occurs. The process of jury selection and managing voir dire is a key area of study for criminal trial attorneys. The Center for Jury Studies, a project of the National Center for State Courts, has studied voir dire, as has The American Bar Association