Jump to content

Voir dire

From Wikipedia, the free encyclopedia

This is an old revision of this page, as edited by Azcolvin429 (talk | contribs) at 23:29, 14 September 2009 (See also: added strike for cause). The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

Voir dire (/ˈvwɑr ˈdɪər/) is a phrase in law which derives from Anglo-Norman.

  • In origin it refers to an oath to tell the truth (Latin verum dicere), in other words to give a true verdict. The word voir (or voire), in this context, is an old French word meaning "truth". It is unconnected with 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".
  • In the UK, Australia, New Zealand, Canada, and sometimes in the U.S. it refers to a "trial within a trial." It is a hearing to determine the admissibility of evidence, or the competency of a witness or juror.[1]
  • 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 jury. It also refers to the process by which expert witnesses are questioned about their backgrounds and qualifications, in order to potentially give an expert opinion in court testimony. 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."[2]

See also

References

  1. ^ Lloyd Duhaime: Legal Dictionary
  2. ^ Cleary, Gordon P. (2007). Trial Evidence Foundations. James Publishing. Section 201.