LAW OF JURY SELECTION (SPRING 2019)

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Presentation transcript:

LAW OF JURY SELECTION (SPRING 2019) AREAS OF INQUIRY LAW OF JURY SELECTION (SPRING 2019)

PART I: WHAT WE’VE ASKED AREAS OF INQUIRY

Given or been given corporal punishment (to kids)? Witnessed one person abusing another? Had children living with you? Had experience dealing with elderly or disabled? Had experience with memory issues? CHAPTER 27. AREAS OF INQUIRY *** 27:6 Attitudes and life experience

Your current employer: Employed there since (year): Your occupation: Your current employer: Employed there since (year): Your last prior employer: Employed there (years): Last year of education: Degrees (if applicable): CHAPTER 30. OCCUPATION AND EDUCATION 30:1 Questions regarding juror occupation 30:2 Questions regarding educational background 30:3 Limitations on questions regarding occupation and education ***

Had prior experience with the criminal justice system? CHAPTER 31. LEGAL EXPERIENCE AND CASE-SPECIFIC EXPERTISE 31:1 Significance of questions concerning juror expertise 31:2 Legal bases for excluding “expert” jurors 31:3 Lawyers as jurors 31:4 Prior jury service *** Had prior experience with the criminal justice system? Had prior experience with law enforcement?

Had prior experience with jury duty? CHAPTER 31. LEGAL EXPERIENCE AND CASE-SPECIFIC EXPERTISE 31:1 Significance of questions concerning juror expertise 31:2 Legal bases for excluding “expert” jurors 31:3 Lawyers as jurors 31:4 Prior jury service *** Had prior experience with jury duty? Been a defendant in a criminal case? Worked in a legal field? Been party to a civil case?

Used hearing aids, glasses or other sensory aids? CHAPTER 31. LEGAL EXPERIENCE AND CASE-SPECIFIC EXPERTISE 31:1 Significance of questions concerning juror expertise 31:2 Legal bases for excluding “expert” jurors 31:3 Lawyers as jurors 31:4 Prior jury service *** Used hearing aids, glasses or other sensory aids? Owned or handled a switch blade? Lived near or regularly traveled by L? Lived in an apartment or town home? Been a victim of violence? Been threatened with a weapon? Witnessed a crime?

Had prior experience in the military? CHAPTER 32. GOVERNMENT SERVICE 32:1 Significance of questions concerning government service *** Had prior experience in the military?

Experienced or witnessed discrimination? CHAPTER 34. RACE AND GENDER BIAS 34:1 Significance of questions concerning race and gender bias ***

PART II: WHAT WE HAVEN’T ASKED AREAS OF INQUIRY

Supreme Court Rule 431(b) “The court shall ask each potential juror, individually or in a group, whether that juror understands and accepts the following principles: that the defendant is presumed innocent of the charge(s) against him or her; that before a defendant can be convicted the State must prove the defendant guilty beyond a reasonable doubt; that the defendant is not required to offer any evidence on his or her own behalf; and that if a defendant does not testify it cannot be held against him or her….”

CHAPTER 29. RELATIONSHIP TO TRIAL PARTICIPANTS 29:1 Significance of questions concerning relationships 29:2 Personal relationships with parties or witnesses 29:3 Relationships with attorneys, judge or other jurors ***

CHAPTER 37. DEATH PENALTY CASES 37:1 Death qualification of prospective jurors 37:2 Supreme Court cases regarding death qualification of prospective jurors 37:3 Problems from use of questionnaires in examinations regarding death penalty ***

CHAPTER 33. RELIGIOUS AND POLITICAL BELIEFS 33:1 Significance of questions about religious and political beliefs ***

CHAPTER 28. KNOWLEDGE OF THE CASE 28:1 Significance of questions concerning knowledge of the case 28:2 Distinguishing effect of pretrial publicity from personal knowledge*** CHAPTER 36. CONCERNS UNIQUE TO CRIMINAL TRIALS *** 36:6 The “CSI Effect” and jury selection ***

LAW OF JURY SELECTION (SPRING 2019) AREAS OF INQUIRY LAW OF JURY SELECTION (SPRING 2019)