(; often ; from an

Anglo-Norman Anglo-Norman may refer to: *Anglo-Normans, the medieval ruling class in England following the Norman conquest of 1066 * Anglo-Norman language **Anglo-Norman literature * Anglo-Norman England, or Norman England, the period in English history from 10 ...

phrase meaning "to speak the truth") is a legal phrase for a variety of procedures connected with

jury trial A jury trial, or trial by jury, is a Trial, legal proceeding in which a jury makes a decision or Question of law, findings of fact. It is distinguished from a bench trial in which a judge or Judicial panel, panel of judges makes all decisions. ...

s. It originally referred to an

oath Traditionally an oath (from Anglo-Saxon ', also called plight) is either a statement of fact or a promise taken by a sacrality as a sign of verity. A common legal substitute for those who conscientiously object to making sacred oaths is to ...

taken by

juror A jury is a sworn body of people (jurors) convened to hear evidence and render an impartiality, impartial verdict (a Question of fact, finding of fact on a question) officially submitted to them by a court, or to set a sentence (law), penalty o ...

s to tell the

truth Truth is the property of being in accord with fact or reality.Merriam-Webster's Online Dictionarytruth 2005 In everyday language, truth is typically ascribed to things that aim to represent reality or otherwise correspond to it, such as beliefs ...

( la, verum dicere). This term is also used informally to describe the practice of jury selection in certain jurisdictions.

Etymology

According to the ''

American Heritage Dictionary American(s) may refer to: * American, something of, from, or related to the United States of America, commonly known as the "United States" or "America" ** Americans, citizens and nationals of the United States of America ** American ancestry, pe ...

'', it comes from the

Anglo-Norman language Anglo-Norman, also known as Anglo-Norman French ( nrf, Anglo-Normaund) ( French: ), was a dialect of Old Norman French that was used in England and, to a lesser extent, elsewhere in Great Britain and Ireland during the Anglo-Norman period. When ...

. The word (or ), in this combination, comes from

Old French Old French (, , ; Modern French: ) was the language spoken in most of the northern half of France from approximately the 8th to the 14th centuries. Rather than a unified language, Old French was a linkage of Romance dialects, mutually intelligib ...

and derives from Latin , " hat which istrue". It is related to the

modern French French ( or ) is a Romance language of the Indo-European family. It descended from the Vulgar Latin of the Roman Empire, as did all Romance languages. French evolved from Gallo-Romance, the Latin spoken in Gaul, and more specifically in No ...

word , which in a deprecated use can mean "indeed", but not to the more common word , "to see", which derives from Latin .

William Blackstone Sir William Blackstone (10 July 1723 – 14 February 1780) was an English jurist, judge and Tory politician of the eighteenth century. He is most noted for writing the ''Commentaries on the Laws of England''. Born into a middle-class family i ...

referred to it as , which was translated by

John Winter Jones John Winter Jones (16 June 1805 – 7 September 1881) was an English librarian. He was Principal Librarian of the British Museum between 1866 and 1873. He was the first President of the Library Association in the U.K. Biography Jones was bo ...

as "To speak the truth". However, the expression is now often interpreted by

false etymology A false etymology (fake etymology, popular etymology, etymythology, pseudo-etymology, or par(a)etymology) is a popular but false belief about the origin or derivation of a specific word. It is sometimes called a folk etymology, but this is also a ...

to mean "to see

hem A hem in sewing is a garment finishing method, where the edge of a piece of cloth is folded and sewn to prevent unravelling of the fabric and to adjust the length of the piece in garments, such as at the end of the sleeve or the bottom of the ga ...

say". The term is used (as ) in modern Canadian legal French.

Historic use

In earlier centuries, a challenge to a particular juror would be tried by other members of the

jury panel A jury is a sworn body of people (jurors) convened to hear evidence and render an impartial verdict (a finding of fact on a question) officially submitted to them by a court, or to set a penalty or judgment. Juries developed in England durin ...

, and the challenged juror would take an oath of ''voir dire'', meaning to tell the truth. This procedure fell into disuse when the function of trying challenges to jurors was transferred to the

judge A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...

Commonwealth countries, Ireland and Hong Kong

England and Wales England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...

Cyprus Cyprus ; tr, Kıbrıs (), officially the Republic of Cyprus,, , lit: Republic of Cyprus is an island country located south of the Anatolian Peninsula in the eastern Mediterranean Sea. Its continental position is disputed; while it is geo ...

Hong Kong Hong Kong ( (US) or (UK); , ), officially the Hong Kong Special Administrative Region of the People's Republic of China ( abbr. Hong Kong SAR or HKSAR), is a city and special administrative region of China on the eastern Pearl River Delt ...

Ireland Ireland ( ; ga, Éire ; Ulster Scots dialect, Ulster-Scots: ) is an island in the Atlantic Ocean, North Atlantic Ocean, in Northwestern Europe, north-western Europe. It is separated from Great Britain to its east by the North Channel (Grea ...

Australia Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...

New Zealand New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island count ...

Papua New Guinea Papua New Guinea (abbreviated PNG; , ; tpi, Papua Niugini; ho, Papua Niu Gini), officially the Independent State of Papua New Guinea ( tpi, Independen Stet bilong Papua Niugini; ho, Independen Stet bilong Papua Niu Gini), is a country i ...

and

Canada Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...

, it refers to a "trial within a trial". It is a

hearing Hearing, or auditory perception, is the ability to perceive sounds In physics, sound is a vibration that propagates as an acoustic wave, through a transmission medium such as a gas, liquid or solid. In human physiology and psycholog ...

to determine the

admissibility of evidence Admissible evidence, in a court of law, is any testimonial, documentary, or tangible evidence that may be introduced to a factfinder—usually a judge or jury—to establish or to bolster a point put forth by a party to the proceeding. For e ...

, or the competency of a

witness In law, a witness is someone who has knowledge about a matter, whether they have sensed it or are testifying on another witnesses' behalf. In law a witness is someone who, either voluntarily or under compulsion, provides testimonial evidence, e ...

or juror. As the subject matter of the ''voir dire'' often relates to evidence, competence or other matters that may lead to

bias Bias is a disproportionate weight ''in favor of'' or ''against'' an idea or thing, usually in a way that is closed-minded, prejudicial, or unfair. Biases can be innate or learned. People may develop biases for or against an individual, a group, ...

on behalf of the

jury A jury is a sworn body of people (jurors) convened to hear evidence and render an impartiality, impartial verdict (a Question of fact, finding of fact on a question) officially submitted to them by a court, or to set a sentence (law), penalty o ...

, the jury may be removed from the court for the ''voir dire''. Under

Scots law Scots law () is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Ireland l ...

, jury selection is random, and there are a few well-defined exclusions in criminal trials. In Canada, the case of ''Erven v. The Queen'' holds that testimony on a ''voir dire'' cannot influence the trial itself. This remains true even if the judge ruled against the accused in the ''voir dire''. The judge is assumed to ignore what he or she heard during ''voir dire''. The jury is never present during a ''voir dire''. However, since the evidence given at a ''voir dire'' may be redundant to evidence at trial, with the consent of the parties a procedure called a "blended ''voir dire''" may be used to save time. In this procedure, evidence given in the ''voir dire'', if then found admissible, is transferred into the main trial without having to be repeated. In Australia, the rule about ''voir dire'' is in section 189 of the ''Evidence Act 1995'' (Cth): "On a voir dire parties can call witnesses, cross-examine opponent's witnesses and make submissions- as they might in the trial proper." The term has thus been broadened in Australian jurisdictions to include any hearing during a

trial In law, a trial is a coming together of Party (law), parties to a :wikt:dispute, dispute, to present information (in the form of evidence (law), evidence) in a tribunal, a formal setting with the authority to Adjudication, adjudicate claims or d ...

where the jury is removed. The

High Court of Australia The High Court of Australia is Australia's apex court. It exercises Original jurisdiction, original and appellate jurisdiction on matters specified within Constitution of Australia, Australia's Constitution. The High Court was established fol ...

has noted that the ''voir dire'' is an appropriate forum for the trial judge to reprimand

counsel A counsel or a counsellor at law is a person who gives advice and deals with various issues, particularly in legal matters. It is a title often used interchangeably with the title of ''lawyer''. The word ''counsel'' can also mean advice given ...

or for counsel to make submissions as to the running of the court to the trial judge.

United States

In the United States, ''voir dire'' is the process by which prospective jurors are questioned about their backgrounds and potential biases before being chosen to sit on a jury. "Voir Dire is the process by which attorneys select, or perhaps more appropriately reject, certain jurors to hear a case." It also refers to the process by which

expert witness An expert witness, particularly in common law countries such as the United Kingdom, Australia, and the United States, is a person whose opinion by virtue of education, training, certification, skills or experience, is accepted by the judge as ...

es are questioned about their backgrounds and qualifications before being allowed to present their opinion testimony in court. As noted above, in the United States (especially in practice under the

Federal Rules of Evidence First adopted in 1975, the Federal Rules of Evidence codify the evidence law that applies in United States federal courts. In addition, many states in the United States have either adopted the Federal Rules of Evidence, with or without local v ...

), ''voir dire'' can also refer to examination of the background of a witness to assess their qualification or fitness to give testimony on a given subject. ''Voir dire'' is often taught to law students in

trial advocacy Trial advocacy is the branch of knowledge concerned with making attorneys and other advocates more effective in trial proceedings. Trial advocacy is an essential trade skill for litigators and is taught in law schools and in continuing legal e ...

courses. Colloquially, among attorneys and their staff, the term is used to describe the process of selecting a jury in some jurisdictions. Jury selection differs based on the court and locality where a trial occurs. The process of jury selection and managing ''voir dire'' is a key area of study for criminal trial attorneys
The Center for Jury Studies
a project of the National Center for State Courts, has studied ''voir dire'', as has The American Bar Association.

References

External links

Sample Voir Dire to Jury
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United States Department of Justice The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United State ...

(via

Wayback Machine The Wayback Machine is a digital archive of the World Wide Web founded by the Internet Archive, a nonprofit based in San Francisco, California. Created in 1996 and launched to the public in 2001, it allows the user to go "back in time" and see ...