2021 Georgia Code
Title 15 - Courts
Chapter 12 - Juries
Article 5 - Trial Juries
Part 1 - In General
§ 15-12-133. Right to Individual Examination of Panel; Matters of Inquiry

In all civil cases, the parties thereto shall have the right to an individual examination of the panel of prospective jurors from which the jury is to be selected, without interposing any challenge. In all criminal cases, both the state and the accused shall have the right to an individual examination of each prospective juror from which the jury is to be selected prior to interposing a challenge. The examination shall be conducted after the administration of a preliminary oath to the panel or in criminal cases after the usual voir dire questions have been put by the court. In the examination, the counsel for either party shall have the right to inquire of the individual prospective jurors examined touching any matter or thing which would illustrate any interest of the prospective juror in the case, including any opinion as to which party ought to prevail, the relationship or acquaintance of the prospective juror with the parties or counsel therefor, any fact or circumstance indicating any inclination, leaning, or bias which the prospective juror might have respecting the subject matter of the action or the counsel or parties thereto, and the religious, social, and fraternal connections of the prospective juror.

(Ga. L. 1949, p. 1082, § 2; Ga. L. 1951, p. 214, § 2; Ga. L. 2011, p. 59, § 1-53/HB 415.)

- Voir dire, Uniform Superior Court Rules, Rule 10.1.

- Ga. L. 2011, p. 59, § 1-1, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Jury Composition Reform Act of 2011.'"

- For annual survey of criminal law, see 38 Mercer L. Rev. 129 (1986). For article, "Death Penalty Law," see 53 Mercer L. Rev. 233 (2001). For article, "Practitioner's Note Jury Selection: Whose Job Is It, Anyway?," see 23 Ga. St. U.L. Rev. 617 (2007). For annual survey on death penalty, see 65 Mercer L. Rev. 93 (2013). For article, "Voir Dire in the #LOL Society: Jury Selection Needs Drastic Updates to Remain Relevant in the Digital Age," see 47 J. Marshall L. Rev. 459 (2014). For note, "Friends and Foes in the Jury Box: Walls v. Kim and the Mission to Stop Improper Juror Rehabilitation," see 53 Mercer L. Rev. 929 (2002). For comment, "Batson v. Kentucky: Equal Protection, the Fair Cross-Section Requirement, and the Discriminatory Use of Peremptory Challenges," see 37 Emory L.J. 755 (1988).

ANALYSIS

• General Consideration
• Right to Examination
• Conduct of Examination
• Matters of Inquiry

RESEARCH REFERENCES

Am. Jur. 2d.

- 47 Am. Jur. 2d, Jury, §§ 108, 184, 248, 249.

- 50A C.J.S., Juries, § 473, 483 et seq.

- Failure to understand or unwillingness to accept presumption of innocence or rule as to reasonable doubt as rendering juror incompetent, 40 A.L.R. 612.

Admissibility, in civil case, of juror's affidavit or testimony to show bias, prejudice, or disqualification of a juror not disclosed on voir dire examination, 48 A.L.R.2d 971.

Prejudicial effect of reference on voir dire examination of jurors to settlement efforts or negotiations, 67 A.L.R.2d 560.

Right of counsel in criminal case personally to conduct the voir dire examination of prospective jurors, 73 A.L.R.2d 1187.

Propriety of inquiry on voir dire as to juror's attitude toward or acquaintance with literature dealing with amount of damage awards, 82 A.L.R.2d 1420, 63 A.L.R.5th 285.

Voir dire inquiry, in personal injury or death case, as to prospective jurors' acquaintance with literature dealing with amounts of verdicts, 89 A.L.R.2d 1177.

Disclosure in criminal case of juror's political, racial, religious, or national origin prejudice against accused or witnesses as ground for new trial or reversal, 91 A.L.R.2d 1120.

Propriety and effect of asking prospective jurors hypothetical questions, on voir dire, as to how they would decide issues of case, 99 A.L.R.2d 7.

Claustrophobia or other neurosis of juror as subject of inquiry on voir dire or of disqualification of juror, 20 A.L.R.3d 1420.

Propriety, on voir dire in criminal case, of inquiries as to juror's possible prejudice if informed of defendant's prior convictions, 43 A.L.R.3d 1081.

Jury: membership in racially biased or prejudiced organization as proper subject of voir dire inquiry or ground for challenge, 63 A.L.R.3d 1052.

Juror's voir dire denial or nondisclosure of acquaintance or relationship with attorney in case, or with partner or associate of such attorney, as ground for new trial or mistrial, 64 A.L.R.3d 126.

Racial or ethnic prejudice of prospective jurors as proper subject of inquiry or ground of challenge on voir dire in state criminal case, 94 A.L.R.3d 15.

Religious belief, affiliation, or prejudice of prospective jurors as proper subject of inquiry or grounds for challenge on voir dire, 95 A.L.R.3d 172.

Effect of juror's false or erroneous answer on voir dire in personal injury or death action as to previous claims or actions for damages by himself or his family, 38 A.L.R.4th 267.

Propriety of asking prospective female jurors questions on voir dire not asked of prospective male jurors, or vice versa, 39 A.L.R.4th 450.

Necessity for presence of judge during voir dire examination of prospective jurors in state criminal case, 39 A.L.R.4th 465.

Cure of prejudice resulting from statement by prospective juror during voir dire, in presence of other prospective jurors, as to defendant's guilt, 50 A.L.R.4th 969.

Professional or business relations between proposed juror and attorney as ground for challenge for cause, 52 A.L.R.4th 964.

Fact that juror in criminal case, or juror's relative or friend, has previously been victim of criminal incident as ground of disqualification, 65 A.L.R.4th 743.

Effect of juror's false or erroneous answer on voir dire regarding previous claims or actions against himself or his family, 66 A.L.R.4th 509.

Exclusion of public and media from voir dire examination of prospective jurors in state criminal case, 16 A.L.R.5th 152.

Examination and challenge of federal case jurors on basis of attitudes toward homosexuality, 85 A.L.R. Fed. 864.