|
|
Article: Back to the future: how Rodriguez v. Lagomasino got it right in 2008 and why modern voir dire should be guided by 1929's Johnson v. Reynolds.
- Article from:
- Florida Bar Journal
- Article date:
- November 1, 2008
- Author:
CopyrightCOPYRIGHT 2008 Florida Bar. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
|
[ILLUSTRATION OMITTED]
It is a fundamental (1) notion of the American legal system that all matters tried to a jury, both civil and criminal, (2) shall be heard by a panel of impartial jurors with no interest in the proceeding, who have formed no opinion about the matter being litigated, and who possess no bias or prejudice concerning any of the issues, parties, witnesses, or others involved in the litigation. Because it runs counter to human nature to be without any prejudice or bias, a juror will be deemed competent if he or she can lay aside any bias or prejudice and render a verdict solely upon the evidence presented and the instructions on the law. (3) In ...