VOIR DIRE: CREATING THE JURY Simulation Teaching Instructions Hypothetical Cases Student Handout

Voir Dire: A Simulation

Teaching Instructions

Step 1
Define voir dire and explain why it is used. Define how potential jurors are removed (challenge for cause, peremptory challenges)

Step 2
Have each student fill out a juror questionnaire and give each a juror #.

Step 3
Form 18 groups (2 students in each) and give each group a case (there are 9 cases included, if you have a smaller class use fewer cases). NOTE - Each case should be given to TWO groups. Assign one group to be the prosecution/plaintiff and one group to be the defense on EACH case.

Step 4
Have each group write 8-10 questions they would like to ask potential jurors when doing voir dire for their case.

Step 5
Do the voir dire for each of the cases. Call 4 potential jurors at random (by #). Have def. and pros. lawyers ask up to 5 questions to each potential jurors. Tell jurors to answer all questions the way they think their CHARACTER would answer. Def. and pros. lawyers may excuse potential jurors in 2 ways - For cause, which the judge (you) must approve or with a peremptory challenge, which they only have limited number of (1 or 2). If a juror is excused, call a replacement.

Step 6
When 4 jurors are chosen, have them hear the case (just the one paragraph given) and vote (guilty, not guilty) based on how they believe their CHARACTER would tend to vote. NOTE- This is the least important part of the activity. Its more important that they understand the voir dire process and purpose.

Step 7
Discuss their perceptions of the voir dire process and the pros and cons of voir dire.