DOJ-OGR-00009038.jpg
684 KB
Extraction Summary
10
People
4
Organizations
0
Locations
4
Events
3
Relationships
3
Quotes
Document Information
Type:
Legal document
File Size:
684 KB
Summary
This legal document, part of a court filing from February 24, 2022, defines and analyzes the concept of "implied bias" as a basis for challenging potential jurors. It cites numerous legal precedents to explain that implied bias is presumed by law, regardless of a juror's stated impartiality, especially when a juror's personal experiences are similar to the issues being litigated. The document provides examples from past cases, such as jurors who were victims of crimes similar to those in the case they were hearing.
People (10)
| Name | Role | Context |
|---|---|---|
| Torres |
Party in the cited case Torres, 128 F.3d.
|
|
| Sampson |
Party in the cited case Sampson, 820 F. Supp. 2d.
|
|
| Wood |
Party in the cited case Wood, 299 U.S.
|
|
| Haynes |
Party in the cited case Haynes, 398 F.2d.
|
|
| Daugerdas |
Party in the cited case Daugerdas, 867 F. Supp. 2d.
|
|
| Skaggs |
Party in the cited case Skaggs v. Otis Elevator Co.
|
|
| Hunley |
Party in the cited case Hunley v. Godinez.
|
|
| Godinez |
Party in the cited case Hunley v. Godinez.
|
|
| Burton |
Party in the cited case Burton v. Johnson.
|
|
| Johnson |
Party in the cited case Burton v. Johnson.
|
Organizations (4)
| Name | Type | Context |
|---|---|---|
| Otis Elevator Co. | company |
Party in the cited case Skaggs v. Otis Elevator Co.
|
| 10th Cir. | government agency |
U.S. Court of Appeals for the Tenth Circuit, cited in Skaggs v. Otis Elevator Co. and Burton v. Johnson.
|
| 7th Cir. | government agency |
U.S. Court of Appeals for the Seventh Circuit, cited in Hunley v. Godinez.
|
| DOJ | government agency |
Appears in the footer identifier 'DOJ-OGR-00009038', likely referring to the Department of Justice.
|
Timeline (4 events)
The document discusses the legal concept of 'implied bias' as a basis for challenging a juror for cause during voir dire (jury selection).
Key Quotes (3)
"Implied or presumed bias is ‘bias conclusively presumed as a matter of law.’"Source
— Torres, 128 F.3d at 45 (quoting Wood, 299 U.S. at 133)
(Defining the legal concept of implied bias.)
DOJ-OGR-00009038.jpg
Quote #1
"And in determining whether a prospective juror is impliedly biased, ‘his statements upon voir dire [about his ability to be impartial] are totally irrelevant."Source
— Id. (quoting Haynes, 398 F.2d at 984)
(Explaining that a juror's own assessment of their impartiality is not considered when determining implied bias.)
DOJ-OGR-00009038.jpg
Quote #2
"[c]ourts imply bias ‘when there are similarities between the personal experiences of the juror and the issues being litigated.’"Source
— Daugerdas, 867 F. Supp. 2d at 472 (quoting Sampson, 820 F. Supp. 2d at 163-64)
(Describing one of the two ways in which courts imply bias.)
DOJ-OGR-00009038.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (1,815 characters)
Case 1:20-cr-00330-PAE Document 613 Filed 02/24/22 Page 37 of 66
Challenges for cause can be based on implied bias, inferable bias, or actual basis.
See Torres, 128 F.3d at 43; see also Sampson, 820 F. Supp. 2d at 162–67 (discussing at
length each type of bias).
See Torres, 128 F.3d at 43; see also Sampson, 820 F. Supp. 2d at 162–67 (discussing at
length each type of bias).
1. Implied bias
“Implied or presumed bias is ‘bias conclusively presumed as a matter of law.’”
Torres, 128 F.3d at 45 (quoting Wood, 299 U.S. at 133). “It is attributed to a prospective
juror regardless of actual partiality.” Id. “In contrast to the inquiry for actual bias, which
focuses on whether the record at voir dire supports a finding that the juror was in fact
partial, the issue for implied bias is whether an average person in the position of the juror
in controversy would be prejudiced.” Id. (citing Haynes, 398 F.2d at 984). “And in
determining whether a prospective juror is impliedly biased, ‘his statements upon voir
dire [about his ability to be impartial] are totally irrelevant.” Id. (quoting Haynes, 398
F.2d at 984).
“Implied or presumed bias is ‘bias conclusively presumed as a matter of law.’”
Torres, 128 F.3d at 45 (quoting Wood, 299 U.S. at 133). “It is attributed to a prospective
juror regardless of actual partiality.” Id. “In contrast to the inquiry for actual bias, which
focuses on whether the record at voir dire supports a finding that the juror was in fact
partial, the issue for implied bias is whether an average person in the position of the juror
in controversy would be prejudiced.” Id. (citing Haynes, 398 F.2d at 984). “And in
determining whether a prospective juror is impliedly biased, ‘his statements upon voir
dire [about his ability to be impartial] are totally irrelevant.” Id. (quoting Haynes, 398
F.2d at 984).
As is relevant here, there are two ways in which courts imply bias. First, “[c]ourts
imply bias ‘when there are similarities between the personal experiences of the juror and
the issues being litigated.’” Daugerdas, 867 F. Supp. 2d at 472 (quoting Sampson, 820 F.
Supp. 2d at 163-64); see also Skaggs v. Otis Elevator Co., 164 F.3d 511, 517 (10th Cir.
1998) (collecting cases where bias was implied based on the juror’s experiences); see,
e.g., Hunley v. Godinez, 975 F.2d 316, 319-20 (7th Cir. 1992) (holding, in a case
charging murder in the course of a burglary, that bias should be implied where two jurors
were the victims of similar burglaries during deliberations); Burton v. Johnson, 948 F.2d
1150, 1159 (10th Cir. 1991) (holding, in murder case in which the defendant presented a
imply bias ‘when there are similarities between the personal experiences of the juror and
the issues being litigated.’” Daugerdas, 867 F. Supp. 2d at 472 (quoting Sampson, 820 F.
Supp. 2d at 163-64); see also Skaggs v. Otis Elevator Co., 164 F.3d 511, 517 (10th Cir.
1998) (collecting cases where bias was implied based on the juror’s experiences); see,
e.g., Hunley v. Godinez, 975 F.2d 316, 319-20 (7th Cir. 1992) (holding, in a case
charging murder in the course of a burglary, that bias should be implied where two jurors
were the victims of similar burglaries during deliberations); Burton v. Johnson, 948 F.2d
1150, 1159 (10th Cir. 1991) (holding, in murder case in which the defendant presented a
30
DOJ-OGR-00009038
Discussion 0
No comments yet
Be the first to share your thoughts on this epstein document