California, United States of America
The following excerpt is from People v. Wilborn, 70 Cal.App.4th 339, 82 Cal.Rptr.2d 583 (Cal. App. 1999):
"[T]he exercise of discretion by trial judges with respect to the particular questions to ask and areas to cover in voir dire is entitled to considerable deference by appellate courts." (People v. Taylor (1992) 5 Cal.App.4th 1299, 1313, 7 Cal.Rptr.2d 676.) The trial judge "is in the best position to assess the amount of voir dire required to ferret out latent prejudice, and to judge the responses." (Id. at p. 1314, 7 Cal.Rptr.2d 676.) "But with the heightened authority of the trial court in the conduct of voir dire, mandated under [Code of Civil Procedures section 223], goes an increased responsibility to assure that the process is meaningful and sufficient to its purpose of ferreting out bias and prejudice on the part of prospective jurors." (Ibid.) The trial court's refusal to ask any questions regarding racial bias in this case fell short of satisfying that duty.
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