When people think of trials, they often picture dramatic courtroom exchanges, impassioned closing arguments, or the moment a verdict is read aloud. But one of the most critical phases of any trial in California—civil or criminal—often occurs long before these moments: jury selection, specifically the voir dire process.
What Is Voir Dire?
“Voir dire” (pronounced vwahr deer) is a French term meaning “to speak the truth.” In the California legal system, it refers to the process by which attorneys and the judge question prospective jurors to assess their qualifications, biases, and ability to serve impartially. This process plays a pivotal role in ensuring that both sides receive a fair trial.
In California, voir dire is governed by both the California Code of Civil Procedure and case law, with local court rules and judicial discretion shaping the finer details. The ultimate goal is to empanel a jury that is unbiased, competent, and able to evaluate the evidence objectively.
The Jury Selection Process
Jury selection in California typically follows these steps:
1. Random Selection of Prospective Jurors
Jurors are selected at random from lists such as voter registration and DMV records.
2. Initial Screening
Potential jurors fill out questionnaires and are screened for hardships or statutory disqualifications (e.g., not being a citizen, having a felony conviction without restored rights, etc.).
3. Voir Dire
This is where the real strategy begins. The judge may begin questioning the panel on general issues such as ability to serve, prior knowledge of the case, or any connections to the parties involved. Then, attorneys for both sides take turns asking more targeted questions to uncover potential biases or prejudices.
4. Challenges for Cause and Peremptory Challenges
A challenge for cause is when a party seeks to remove a juror for a specific reason, such as demonstrated bias or an inability to follow the law. These challenges are unlimited in number but must be approved by the judge. A peremptory challenge allows attorneys to excuse a juror without stating a reason—though these are limited (generally 6 per side in civil cases, 10 in most criminal cases), and may not be used in a discriminatory way (as ruled in Batson v. Kentucky and under California’s own laws like CCP § 231.5).
Why Voir Dire Matters
The composition of a jury can often determine the direction and outcome of a case. Here’s why voir dire is so crucial:
• Uncovering Hidden Biases
Even well-meaning jurors may hold subconscious biases based on race, socioeconomic status, prior experiences, or attitudes toward law enforcement. Voir dire is the opportunity to identify and mitigate these issues.
• Shaping Case Strategy
Attorneys often use voir dire to not only screen jurors but to begin subtly framing their case. The questions posed can hint at themes or legal theories, setting the tone for what jurors should be thinking about.
• Building Rapport and Trust
Effective questioning can build credibility between attorney and jury. Jurors who feel respected and heard may be more receptive to that party’s arguments during trial.
• Preventing Mistrials or Appeals
Failure to properly screen jurors for biases can result in appeals or even mistrials. A single juror with a strong bias can derail deliberations and affect the fairness of the trial.
California’s Approach: A Balance of Fairness and Efficiency
California courts have moved toward allowing more attorney-led questioning during voir dire, recognizing the importance of giving attorneys enough latitude to truly evaluate potential jurors. However, judges still maintain tight control over time and relevance, seeking to balance fairness with courtroom efficiency.
In 2019, the California Supreme Court emphasized the importance of thorough voir dire in People v. Parker, reiterating that the process must allow for meaningful inquiry into potential juror bias, particularly when race, gender, or other protected classes may be implicated.
Final Thoughts
Though often overlooked, voir dire is arguably one of the most strategic and impactful stages of a trial. A lawyer’s ability to ask the right questions, interpret answers, and exercise challenges wisely can mean the difference between winning and losing a case. In the courtroom chess game, voir dire is the opening move—and in California, it’s a move that attorneys must play with both precision and purpose.
