The Return Of Attorney-Conducted Voir Dire

Law360, New York (May 31, 2017, 10:34 AM EDT) -- Voir dire has been the main method for selecting jurors in this country since the founding. Lawyers historically handled this process, but over the last few decades federal judges have taken near complete control over jury selection. This is a problem. The Civil Jury Project at New York University School of Law has been monitoring this issue as part of its overall mission to support and reinvigorate the power of juries in our legal system.

It is important to remember that lawyer-conducted voir dire is central to constructing a jury of one’s peers. One reason juries even exist is because back...

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