Juror bias is an issue in every trial, civil and criminal alike. Invariably, some jurors arrive in court holding opinions about the parties or the issues in the case. Whether those opinions arise from deeply held prejudices, from life experiences or from exposure to pretrial publicity, they are critical to explore in voir dire.
Unfortunately, courts use an ineffective technique to decide whether a particular panel member’s bias is such that he or she cannot be “fair and impartial.”
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