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To: KevinB
Voir dire allows one to make the best of the jury pool that he is given.

Yes, but what does best mean, exactly? "Most capable of critical and independent thought"? What lawyer, whether prosecutor or defense attorney, wants that?

43 posted on 03/23/2004 5:36:46 PM PST by Oberon (What does it take to make government shrink?)
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To: Oberon
Yes, but what does best mean, exactly? "Most capable of critical and independent thought"? What lawyer, whether prosecutor or defense attorney, wants that?

Neither does. Each side picks the jurors it thinks are inclined to be favorable to its position. That's the push and pull of the adversarial system. The theory is that a battle of the extremes will result in a neutral resolution. Of course, the theory can fail if the entire jury pool is predisposed to a certain position.

48 posted on 03/23/2004 5:55:47 PM PST by KevinB
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