Topic: Questions – “Hypothetical”

Court Approves “Hypothetical Questions” in Voir Dire

The Third District Court of Appeal recently approved the use of hypothetical questions by counsel during jury selection provided the questions are “designed to determine whether the jurors could correctly apply the law.” In Moore v. State, 939 So. 2d 1116 (Fla. 3 DCA 2006) the Court approved the use of hypothetical questions designed to explain the difference between testimonial evidence and physical evidence to prospective jurors.

October 31, 2006

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