Recently, the New York Court of Appeals criticized a trial judge for limiting the prosecution and defense counsel to 10 minutes each of questions during the voir dire.1 In a few months, the Court returns to this issue when it hears arguments on whether a five-minute limitation on voir dire questioning is unreasonable.2 The cases have, once again, focused the spotlight on the voir dire process and the utilization of peremptory challenges in a criminal case.
Many criminal defense attorneys agree that jury selection is one of the most critical functions of trial advocacy; some go so far as to say that by the time a jury has been selected, the case has been decided. The voir dire process is designed, in theory, to ascertain the capability and impartiality of potential jurors. Unlike the process in the federal system, New York State law permits prosecutors and defense counsel to ask prospective jurors a series of questions that are intended to elicit information relevant to their qualifications for service. The answers to these questions may reveal prospective jurors who are unable to fulfill the responsibilities of a juror: to evaluate impartially the evidence and apply the relevant law as instructed by the court.
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