A prosecutor’s first opportunity to combat potential bias during a criminal trial is jury selection. Jury selection, also known as voir dire, provides an opportunity to address bias, correct misconceptions, and strive for fairness in the process. Jury selection is also an opportunity to educate the panel about the crime and parties, to obtain promises to follow instructions on the law, and to plant seeds about the concepts of fairness and justice in the context of the current case. For cases involving LGBTQ+ victims, a comprehensive voir dire strategy is key to ensuring that anti-LGBTQ+ bias does not determine the outcome of the trial.
This Guide is designed to support prosecutors in drafting jury selection questions and related motions in limine to help address anti-LGBTQ+ bias among potential jurors.