Recent United States Supreme Court decisions and some state appellate decisions have greatly restricted attorney-conducted voir dire and the scope of the inquiry. However, at the same time the courts have expanded the prohibition on the discriminatory use of peremptory challenges. This article suggests ways in which this line of cases, along with supporting social science research, can be used to justify and expand meaningful voir dire.
By Lois Heaney. Prepared for the New York State Unified Court System Summer Judicial Seminar, July 1999, and published in The Criminal Law News, Winter 2001.