Voir Dire By Thaddeus Hoffmeister Voir Dire Table
Voir Dire By Thaddeus Hoffmeister
Voir Dire (Table of Contents) • • Purpose Misconceptions How Conducted Common Issues Challenges Relevant Cases Sample Motions Sample Questions
Purpose • • • Educate jurors Learn about jurors Remove bad jurors Rehabilitate good jurors Build Rapport
Purpose (Educate jurors) • Lower your expectations and raise the government’s • Tell your version of the facts and your fears • Humanize the defendant
Misconceptions • You will taint the jury pool by asking questions about sensitive topics • Leading questions will elicit useful information • Useful information is obtained by asking “Do you have a problem with…” • Jurors will decide your case solely on the evidence.
How Conducted • • • Powerpoint Objections Scaled Questions Attorney vs. Judge Individual vs. Group
Common Problems • • Can’t conduct attorney voir dire Not enough time for voir dire Objections Clients
Challenge for Cause • Failure of the juror to meet statutory requirements • Inferred bias or prejudice on the part of the juror • Actual bias or prejudice exhibited by the juror
Common Problems: Objections • An attorney misstates the law • Stake out questions
Challenge for Cause: Step 1 • Mirror the juror’s language (Colorado Method) --Don’t paraphrase --Don’t argue
Challenge for Cause: Step #2 • Ask open-ended question. Give them enough rope to hang themselves --Tell me more about that --What experiences have you had that make you believe that --Can you explain that a little more
Challenge for Cause: Step 3 • Normalize the impairment – Don’t be judgmental – Get other jurors to acknowledge the same idea, bias, impairment
Challenge for Cause: Step 4 • Now switch to leading questions to lock in the Challenge for Cause – Reaffirm where the juror is – Strip away the qualifications and force him back into his preconceived notion – Reaffirm where the juror is not – Get juror to agree that there is a big difference between these two positions – Immunize the juror from rehabilitation
Insulate Good Jurors • Seal/Insulate good jurors Have them state publicly that they would be fair to both sides and follow the judge’s instructions
Peremptory Challenges • Remove at the prerogative of the attorney • Can’t be for unconstitutional purposes • Generally must exercises all peremptory challenges to challenge jury selection process
Cases • • Batson v. Kentucky Miller-El v. Dretke Presley v. Georgia Berghuis v. Smith
Fair Cross Section of Jurors
Voir Dire (General Questions) • Have you ever served on a jury before and if so where you the foreperson? • Is there any reason you would not want yourself as a juror? • Does anyone think that burden of proof, presumption of innocence or right to free speech are legal technicalities?
Voir Dire (Questioning Procedures) • Ease into difficult material • “You or anyone close to you” “You or anyone you know”
Voir Dire (Police) • Have any of you or your spouse ever applied for a job with a law enforcement agency? • Have any of you ever worked in a job where you were involved in investigations of any sort? • What sort of effort would you expect the police to make in investigating a crime?
Voir Dire (Attorneys) Attorneys 1. What are your feelings or opinions about criminal defense attorneys? 2. Have you ever had a bad experience with a criminal defense attorney? If yes, please tell us about that. 3. What are your feelings or opinions about prosecuting attorneys? 4. Have you ever had a bad experience with a prosecuting attorney? If yes, please tell us about
Voir Dire (Burden of Proof) • Some people say that if the police and the prosecutor say a person is guilty, he must be guilty. What do you think about that? • Should the prosecution have to prove the accused person guilty or should the person accused of a crime have to prove himself innocent? • You cannot change your mind on his innocence until the government proves him guilty beyond a reasonable doubt
Voir Dire (Prior Record) • Have you ever known someone who had been in trouble with the law and then turned over a new leaf” • Do you think that the Mr. Smith committed a crime in the past, he is more likely to have committed the crime which he is on trial for today? • Tell us the worst mistake you or someone you’re close to made by judging a person by his or her past actions.
Voir Dire (Beyond Reasonable Doubt) • Same proof Beyond Reasonable Doubt used for Death Penalty cases
Voir Dire (Wrongful Accusation) • Please tell me about a time when you were accused of something that you did not do? • What have you seen, read or heard about innocent people being convicted? • How is it possible that an innocent person can be arrested, charged and brought to trial for a crime he or she did not do?
Voir Dire (Wrongful Accusation) • How does an innocent man end accused of _____? • Why would someone lie about _____? • How do you prove you didn’t do/know something?
Voir Dire (Self Defense)
- Slides: 27
