Voir dire
Encyclopedia
Voir dire (ˈvwɑr ˌdiər) is a phrase in law which comes from the Anglo-Norman language
. In origin it refers to an oath to tell the truth (Latin
verum dicere), i.e., to say what is true, what is objectively accurate or subjectively honest, or both.
The word voir (or voire), in this combination, comes from Old French
and derives from Latin verum, "that which is true". It is not related to the modern French
word voir, which derives from Latin vidēre ("to see"), though the expression is now often interpreted by false etymology
to mean "to see [them] say".
, or the competency of a witness or juror. As the subject matter of the voir dire often relates to evidence, competence or other matters that may lead to bias on behalf of the jury
, the jury is removed from the court for the voir dire.
The term has thus been broadened in Australian jurisdictions to include any hearing during a trial where the jury is removed. The High Court of Australia
has noted that the voir dire is an appropriate forum for the trial judge to reprimand counsel or for counsel to make submissions as to the running of the court to the trial judge.
. It also refers to the process by which expert witness
es are questioned about their backgrounds and qualifications before being allowed to present their testimony as expert opinion in court. As defined by Gordon P. Cleary: "Voir Dire is the process by which attorneys select, or perhaps more appropriately reject, certain jurors to hear a case." 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.
Anglo-Norman language
Anglo-Norman is the name traditionally given to the kind of Old Norman used in England and to some extent elsewhere in the British Isles during the Anglo-Norman period....
. In origin it refers to an oath to tell the truth (Latin
Latin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...
verum dicere), i.e., to say what is true, what is objectively accurate or subjectively honest, or both.
The word voir (or voire), in this combination, comes from Old French
Old French
Old French was the Romance dialect continuum spoken in territories that span roughly the northern half of modern France and parts of modern Belgium and Switzerland from the 9th century to the 14th century...
and derives from Latin verum, "that which is true". It is not related to the modern French
French language
French is a Romance language spoken as a first language in France, the Romandy region in Switzerland, Wallonia and Brussels in Belgium, Monaco, the regions of Quebec and Acadia in Canada, and by various communities elsewhere. Second-language speakers of French are distributed throughout many parts...
word voir, which derives from Latin vidēre ("to see"), though the expression is now often interpreted by false etymology
False etymology
Folk etymology is change in a word or phrase over time resulting from the replacement of an unfamiliar form by a more familiar one. Unanalyzable borrowings from foreign languages, like asparagus, or old compounds such as samblind which have lost their iconic motivation are...
to mean "to see [them] say".
Use in Commonwealth countries
In the United Kingdom, Australia, New Zealand, and Canada (and sometimes in the United States of America) it refers to a "trial within a trial". It is a hearing to determine the admissibility of evidenceAdmissible evidence
Admissible evidence, in a court of law, is any testimonial, documentary, or tangible evidence that may be introduced to a factfinder—usually a judge or jury—in order to establish or to bolster a point put forth by a party to the proceeding...
, or the competency of a witness or juror. As the subject matter of the voir dire often relates to evidence, competence or other matters that may lead to bias on behalf of the jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
, the jury is removed from the court for the voir dire.
The term has thus been broadened in Australian jurisdictions to include any hearing during a trial where the jury is removed. The High Court of Australia
High Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
has noted that the voir dire is an appropriate forum for the trial judge to reprimand counsel or for counsel to make submissions as to the running of the court to the trial judge.
Use in the United States
In the United States, it now generally refers to the process by which prospective jurors are questioned about their backgrounds and potential biases before being chosen to sit on a juryJury selection
Jury selection are many methods used to choose the people who will serve on a trial jury. The jury pool is first selected from among the community using a reasonably random method. The prospective jurors are then questioned in court by the judge and/or attorneys...
. It also refers to the process by which expert witness
Expert witness
An expert witness, professional witness or judicial expert is a witness, who by virtue of education, training, skill, or experience, is believed to have expertise and specialised knowledge in a particular subject beyond that of the average person, sufficient that others may officially and legally...
es are questioned about their backgrounds and qualifications before being allowed to present their testimony as expert opinion in court. As defined by Gordon P. Cleary: "Voir Dire is the process by which attorneys select, or perhaps more appropriately reject, certain jurors to hear a case." As noted above, in the United States (especially in practice under the Federal Rules of Evidence
Federal Rules of Evidence
The is a code of evidence law governing the admission of facts by which parties in the United States federal court system may prove their cases, both civil and criminal. The Rules were enacted in 1975, with subsequent amendments....
), 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.
External links
- Sample Voir Dire to Jury—United States Department of JusticeUnited States Department of JusticeThe United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
(via Wayback MachineWayback MachineThe Wayback Machine is a digital time capsule created by the Internet Archive non-profit organization, based in San Francisco, California. It is maintained with content from Alexa Internet. The service enables users to see archived versions of web pages across time, which the Archive calls a "three...
) - American Bar Association: Voir Dire Simulation
- Getting Jurors to Talk