DOJ-OGR-00005220.jpg
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Extraction Summary
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Document Information
Type:
Legal document
File Size:
672 KB
Summary
This page from a legal document, filed on October 13, 2021, discusses the court's authority to manage the jury selection process known as voir dire. It argues that while the court can reasonably limit the time and scope of questioning by attorneys to prevent abuse, the unique circumstances of this case, including extensive pretrial publicity, necessitate an expansion of traditional voir dire protocols to effectively screen potential jurors for bias and prejudice.
People (3)
| Name | Role | Context |
|---|---|---|
| Johnson | Author |
Cited in footnote 4 as a co-author of 'Felony Voir Dire: An exploratory Study of its Contents and Effect'.
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| Haney | Author |
Cited in footnote 4 as a co-author of 'Felony Voir Dire: An exploratory Study of its Contents and Effect'.
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| Vidmar | Author |
Cited in footnote 5 as the author of 'Case Studies of Pre- and Midtrial Prejudice in Criminal and Civil Litigation'.
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Organizations (2)
| Name | Type | Context |
|---|---|---|
| The Court | government agency |
Mentioned as the entity that can limit the scope and time of attorney-conducted voir dire.
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| Law and Human Behavior | publication |
Cited as the journal in which articles by Johnson & Haney (1994) and Vidmar (2002) were published.
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Timeline (1 events)
Locations (1)
| Location | Context |
|---|---|
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Mentioned as the location where conventional voir dire procedures are considered inadequate for the current case.
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Full Extracted Text
Complete text extracted from the document (2,005 characters)
Case 1:20-cr-00330-PAE Document 342 Filed 10/13/21 Page 15 of 17
admissions of bias on the part of jurors.⁴ In-depth voir dire including limited open-ended questions posed by counsel also helps to attack the minimization effect, whereby jurors often seek to decrease the extremity of their opinions in addition to their exposure to and the impact of pretrial publicity.⁵
C. The Court Can Reasonably Limit the Scope of Attorney-Conducted Voir Dire
The Court can also fairly and reasonably limit the time and scope of the attorney-conducted voir dire and prevent any abuse of the process. For example, the Court can direct demand that the attorneys restrict themselves to new or proscribed areas of examination or relevant follow-up examination to ferret out bias and prejudice. In addition, the Court can legitimately place a specific time limit on attorney-conducted voir dire. Permitting each party one minute per juror (expanded to three minutes if there is basis to pursue a cause challenge) is eminently justifiable after basic voir dire has been conducted by the Court. An attorney who is given mere minutes for additional voir dire examination is unlikely to waste that precious time. Permitting each party a mere minute of attorney-conducted voir dire will increase the possibility of rooting out prejudice and bias in this unique case.
D. The Uniqueness of This Case Warrants Limited Attorney-Conducted Voir Dire
The conventional voir dire procedures utilized in this district are inadequate to screen venire members for bias and prejudice due to the nature of the charges and the extensive pretrial publicity and exposure. This case presents unique issues that require an expansion of traditional voir dire protocols.
⁴ Johnson & Haney, Felony Voir Dire: An exploratory Study of its Contents and Effect, 18 Law and Human Behavior 309 (1994).
⁵ Vidmar, Case Studies of Pre- and Midtrial Prejudice in Criminal and Civil Litigation, 26 Law and Human Behavior 73 (2002).
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DOJ-OGR-00005220
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