Avoid Bald Men and People with Green Socks? Other Ways to Improve the Voir Dire Process in Jury Selection

During jury selection, many courts adopt a minimal approach to voir dire questioning, asking a small number of close-ended questions to groups of prospective jurors and requiring prospective jurors to volunteer their biases. The Article describes research evidence showing that limited voir dire questioning is often ineffective in detecting juror bias. To improve the effectiveness of voir dire, the authors make four recommendations: (1) increase the use of juror questionnaires; (2) incorporate some open-ended questions; (3) expand the types of questions that are asked; and (4) allow attorneys to participate in voir dire.