voir dire herbert s. moncier suite 775 bank of america center knoxville, tennessee 37902...

VOIR DIRE

Herbert S. Moncier

Suite 775 Bank of America Center

Knoxville, Tennessee 37902

moncier@moncierlaw.com

JURY SELECTION FORMULA

• Preparation

• Communication

• Execution

PREPARATION

• Clerk’s Office• Public Defenders/Attorneys• Judge Conference• Free - Google, Yahoo People Search,

Local News search• Pay - Credit Report or On-Line

Investigation• Drive by home/car photos

COMMUNICATION

• An art of open ended questions

• Exact opposite of the control of cross

• Try to get the juror to talk

• It doesn’t matter what they talk about

EXECUTION

• In Court Access

• For Cause Challenges

• Preemptory Challanges

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At or near the beginning of jury selection, the Court shall permit counsel to introduce themselves and make non-argumentative remarks that inform the potential jurors of the general nature of the case.

The Commission disapproves of questions tending to lead the prospective juror or suggest partiality in the first instance, and also disapproves of that procedure in “rehabilitating” the prospective juror into vocalizing impartiality. Such a prospective juror should be held to be qualified only upon a truly unequivocal showing of impartiality.

For each additional juror, to be selected each side is entitled to one peremptory challenge for each defendant. Such additional peremptory challenges may be used against any regular or additional juror.