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Juror Bias, Voir Dire, And The Judge-Jury Relationship, Nancy S. Marder
Juror Bias, Voir Dire, And The Judge-Jury Relationship, Nancy S. Marder
Chicago-Kent Law Review
In the United States, voir dire is viewed as essential to selecting an impartial jury. Judges, lawyers, and the public fervently believe that a fair trial depends on distinguishing between prospective jurors who are impartial and those who are not. However, in England, Australia, and Canada, there are impartial jury trials without voir dire. This article challenges the assumption that prospective jurors enter the courtroom as either impartial or partial and that voir dire will reveal the impartial ones. Though voir dire fails as an “impartiality detector,” this article explores how voir dire contributes to the trial process in two …
Two Weeks At The Old Bailey: Jury Lessons From England, Nancy S. Marder
Two Weeks At The Old Bailey: Jury Lessons From England, Nancy S. Marder
Chicago-Kent Law Review
I spent two weeks observing jury trials and interviewing judges and barristers at the Old Bailey in London. There were several jury practices at the Old Bailey that would benefit American jurors, such as providing them with a "jury bundle," and we should introduce such practices in the United States. There are other practices, such as eliminating peremptory challenges, which are worth adopting over time because there would be some initial resistance. There are many practices that the two systems share in common, such as allowing jurors to take notes, to ask questions of witnesses, and to have a written …