Individual Voir Dire

            Typically, a voir dire is conducted by asking a randomly selected panel of potential jurors questions to identify jurors who are competent and qualified to serve on that case. The main goal of a voir dire is to find jurors who are fair and impartial. In certain types of criminal cases, such as first-degree murder, the voir dire process is one of the most important phases of the trial process because the jurors that are selected will be the ones who decide the defendant’s fate. Therefore, it is imperative that the defense attorney weeds out all the potential jurors who may be biased or prejudiced against the defendant in these types of cases.

            In Minnesota, the process in which a jury is formed is drastically different in cases involving first-degree murder. More specifically, the Minnesota Court Rules of Civil Procedure provides that the preferred method for jury selection in first-degree murder cases is individual voir dire. Rather than questioning dozens of potential jurors in the same room, individual voir dire allows the judge and attorneys to question a single member of the jury pool outside of a group setting. William Ward, a state public defender in Minnesota, noted that there are “studies that say people are much more likely to be honest and forthright in answering questions either through asking follow ups about why or questions about themselves personally when it is not done in group settings” and that “[t]he goal obviously is to get fair and impartial jurors, but the real goal is to determine if there is any bias or prejudice on the people who are going to sit on the trial." In Minnesota, people convicted of first-degree murder are given a mandatory sentence of life in prison without the possibility of parole. Thus, ensuring that the right individuals are selected to serve on the jury can make or break a case.

            One issue with the individual voir dire process is that it can be very time consuming. For example, some attorneys in Minnesota noted that the process usually takes about a week and in certain cases, the selection process will take longer than the actual trial. Although the process can be quite “labor intensive,” one law professor noted that “[t]his is an in-depth analysis of each individual person to give the lawyers a full portrait of that person's background and thinking processes and so it's the optimal way to expose bias and prejudice.” Similarly, individual voir dire is a Constitutional and statutory right in Connecticut. One attorney in Connecticut noted that the “pre-screening of potential jurors by the court prior to examination based on questions submitted by counsel eliminates potential disqualifications and saves an enormous amount of time.” Thus, an argument can be made that the individual voir dire process can make jury selection more efficient and ultimately helps to ensure that everyone selected to serve on the jury is free from bias. Even though it may be time consuming, I think more states should consider implementing an individual voir dire process similar to the ones noted in this blog post.