Voir Dire
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Plain-English Meaning
The process of selecting jurors for a trial. Attorneys and the judge question potential jurors to identify bias or prejudice. Attorneys can remove jurors for cause (unlimited) or through peremptory challenges (limited number, no reason required).
Legal Context
In New York criminal trials, voir dire is governed by CPL § 270.15. The court questions jurors first, followed by attorneys. Each side may challenge jurors 'for cause' (showing actual bias) without limit. Each side also receives a set number of peremptory challenges — the right to dismiss a juror without stating a reason. Peremptory challenges cannot be used to exclude jurors based on race or gender (Batson v. Kentucky).
Real-Life Example
During voir dire for a robbery trial, a potential juror said her nephew had been robbed last year and she doubted she could be impartial. The judge dismissed her for cause. Each attorney also used peremptory challenges to dismiss jurors they felt were unfavorable, until 12 jurors and 2 alternates were seated.
Related Statutes
Related Terms
Source
Based on N.Y. CPL § 270.15. Original B-Legal plain-language explanation.
N.Y. CPL § 270.15
Definitions are simplified for education. Legal meanings vary by jurisdiction, context, and case facts. This definition is original B-Legal content and is not affiliated with or derived from any proprietary legal dictionary.