Rethinking Voir Dire

The Army Lawyer, February 2012, No. 2, DA PAM 27-50-465

Florida International University Legal Studies Research Paper No. 13-31

8 Pages Posted: 27 Sep 2013

Date Written: February 1, 2012

Abstract

The way we practice voir dire in the military is often done without having a goal in mind; however, everything we do in trial advocacy should be goal-oriented. When we define our goals for voir dire, we need to take into consideration our current understanding of group social dynamics and under what circumstances potential jurors will release important information. Drawing on modern social science research, this article divides voir dire into three parts (individual written examination, individual oral examination, and group oral examination), offers a goal for each part, and suggests methods for reaching those goals within each part.

Keywords: Voir dire, Rules for Courts-Martial (RCM), preliminary panel member examination, individual written examination, individual oral examination, group oral examination, information gathering, education, rapport, persuasion, questioning techniques

Suggested Citation

Carpenter, Eric, Rethinking Voir Dire (February 1, 2012). The Army Lawyer, February 2012, No. 2, DA PAM 27-50-465, Florida International University Legal Studies Research Paper No. 13-31, Available at SSRN: https://ssrn.com/abstract=2328927

Eric Carpenter (Contact Author)

FIU College of Law ( email )

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Miami, FL 33199
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