Psychologists have been receiving requests from attorneys to advise and assist them in the voir dire, or the preliminary examination to determine the competency of prospective jurors (sometimes inaccurately referred to as jury selection). Curiously, there has not been presented in the literature heretofore a review of the various voir dire techniques that have been recommended and used over the years. This article describes the process of voir dire and reviews and critiques these techniques. It is concluded that adequate empirical data do not exist to establish the efficacy of the techniques presented and, thus, the process of voir dire remains more of an art than a science.Although no data have been gathered to substantiate the point, it appears that psychologists and other social scientists are increasingly being asked by attorneys to aid them in conducting the voir dire. Curiously, there has not been a review, let alone a critical one, of the voir dire techniques that have been suggested and used by lawyers and/or social scientists over the years. The purpose of this article is to fill the void.Voir Dire
DEFINITION AND DESCRIPTIONThe sixth amendment guarantees to each criminal defendant the right to trial by an impartial jury drawn from a cross-section of the community. * In the federal system, the seventh amendment extends the right to a jury trial to suits at common law (i.e., any suits that are not of equity or admiralty jurisdiction). 2 The states are not required by the federal Constitution to grant the right to a jury trial in civil suits based solely on state law, but all states make provisions for such a right in theifr own constitutions. 1 The right was made applicable to defendants in state courts by the decision in Duncan v. Louisiana, 391 U. S. 145 (1968), on the theory that such a right was necessary to secure the individual's right to due process of law as guaranteed under the 14th amendment. 2