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  • Writer's pictureDavid A. Harak

Fixing Maryland’s Current System of Judicially Imposed “limited voir dire” is Necessary to Protect the Constitutional Right to a Fair Jury

By: David A. Harak


A Call to Action


Strap in! Disclaimer: the views in this article are mine alone and I will take and embrace any and all heat that may come from its content. Spoiler alert, when you finish reading this article, you will see why I feel the need to add this disclosure.

 

I realize the theme of this issue of Trial Reporter is “Medical Malpractice: More than Medicine.” This article is about implementing a system that will effectively ferret out juror bias. In medical malpractice cases, that bias could be in favor of healthcare providers because a doctor once saved the juror’s life. Alternatively, the bias could be against healthcare providers because a hospital bill sunk the juror’s family into debt. Either way, the best way to uncover those biases is through attorney-led voir dire. In every case – not just medical malpractice cases – attorney-led voir dire is necessary to protect the constitutional right to a fair and impartial jury.













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