Question

Milton Desmond is accused of loitering and criminal harassment. The charges arose from his work as an activist for his church. He has maintained his innocence and is about to go to trial.

You are Mr. Desmond’s lawyer, and you are preparing him for what to expect during jury selection. Mr. Desmond is a devout follower of his faith, which he views as central to his life. He has explained the basic tenets of his faith as he understands them you.

Desmond's belief system emphasizes that the responsibility of judgment primarily lies with God rather than with humanity. For this reason, judges typically dismiss people of Desmond’s faith from jury duty because they do not believe they should sit in judgment of others. This is especially true in cases with serious charges, such as murder or rape. Spokespeople for the church have said that their adherents often seek dismissal as jurors in cases when the trial is for a serious charge. However, the charges presented here are minor. They also involve Mr. Desmond’s faith. For this reason, Mr. Desmond states that individuals ascribing to his faith should at least be among his jurors, even if they don’t make up the whole jury. Desmond’s sect is predominant in his small town, so it is very likely that there are potential jurors in the pool who share Desmond’s religious views.

Let’s review two concepts before you make a decision about this scene.

What is the primary purpose of voir dire?


To eliminate potential jurors without enough educational attainment to make informed decisions.

To determine which potential jurors should be chosen for or disqualified from serving on the jury.

To educate jurors about the facts of the case and build rapport.

To construct a jury of peers that is as similar to the defendant as possible.

Answer 1

Correct answer: "To determine which potential jurors should be chosen for or disqualified from serving on the jury."

Brief explanation: Voir dire is the process used to question prospective jurors to uncover biases, prejudices, inability to be impartial, conflicts of interest, or other grounds for challenge (for cause or peremptory). It is not for educating jurors about the facts, screening for education level, or assembling a jury to match the defendant’s demographic or religious makeup.

Practical note for your case: during voir dire the court and lawyers can ask about religious beliefs to see whether a prospective juror could be fair and follow the law. If a prospective juror says their faith prevents them from judging others, they can often be excused for cause. You do not, however, have a right to insist that jurors of your particular faith be included.