TITLE

VOIR DIRE--AN EXERCISE IN DYNAMICS

AUTHOR(S)
Brash, David F.
PUB. DATE
December 2002
SOURCE
Reporter;Dec2002, Vol. 29 Issue 4, p27
SOURCE TYPE
Periodical
DOC. TYPE
Article
ABSTRACT
Voir dire is difficult for military judges. Counsel, military judges, and court members are caught in the crossfire. In thinking through an approach to voir dire, one should consider the different component parts and players involved: 1) the rules, 2) the judge, 3) the members, 4) opposing counsel, and 5) your trial plan. Working from these various frames of reference as both a starting point and checklist puts the practitioner in the best position to develop questions which will test the impartiality of the panel, ferret out fodder for intelligent exercise of challenges, comply with relevant court rules and practice customs, survive objection by opposing counsel, establish credibility with the members, educate the members, and, yes, even argue the case. Regardless of the reason for the military judge's position on voir dire, the personal inclination of the judge is just a fact of trial life.
ACCESSION #
11263178

 

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