Mark Twain, upon learning of the premature publication of his obituary, famously said, “Reports of my death are greatly exaggerated.” Reports of the death of so-called commitment questions during voir dire likewise are greatly exaggerated.
Commitment questions seek to test potential jurors’ reactions to specific pieces of evidence. In the wake of a trio of significant Texas Supreme Court cases on voir dire in 2005 and 2006, some commentators were ready to declare voir dire commitment questions dead before the body was even cold.
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