The Value of a Nondirective Voir Dire Style in Jury Selection

Abstract

The impact of different styles of voir dire was explored. Subjects listened to a directive voir dire, a nondirective voir dire, a judge alone, or nothing. A subset of each of those groups then responded to a voir dire conducted in either a directive or a nondirective fashion. Listening to a voir dire tended to educate subjects about the law more than hearing only the judge explain the law. In the second part of the experiment, those who underwent a nondirective voir dire were rated as more self-disclosing and were more willing to admit their inability to abide by legal due process guarantees. It was concluded that a nondirective style of voir dire is more effective at uncovering grounds for cause challenges than is a directive style of voir dire.