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603 KB
Extraction Summary
3
People
3
Organizations
0
Locations
2
Events
1
Relationships
3
Quotes
Document Information
Type:
Legal filing / appellate brief (page 29 of 35)
File Size:
603 KB
Summary
This document is page 29 of a legal brief (Case 22-1426) filed on July 27, 2023. It argues that 'Juror 50' should have been excluded from the Maxwell case due to implied bias, specifically citing the 'average person test' and the juror's failure to disclose victimization during voir dire. The text cites multiple legal precedents (Smith v. Phillips, U.S. v. Burr) to support the claim that nondisclosure of sexual abuse victimization deprives the court of vital information.
People (3)
| Name | Role | Context |
|---|---|---|
| Juror 50 | Juror |
Subject of the legal argument regarding implied bias and failure to disclose victimization.
|
| Maxwell | Defendant |
Referenced in relation to the 'Maxwell case' and the stress caused to the juror.
|
| Justice O'Connor | Supreme Court Justice |
Cited for her concurring opinion in Smith v. Phillips regarding presumed bias.
|
Organizations (3)
| Name | Type | Context |
|---|---|---|
| Department of Justice (DOJ) |
Origin of the document release (DOJ-OGR stamp).
|
|
| 2d Cir |
Second Circuit Court of Appeals, cited in legal precedent.
|
|
| Supreme Court of the United States |
Implied by citations of U.S. reports (U.S. v. Phillips, Dennis v. U.S.).
|
Key Quotes (3)
"Juror 50 fails that test."Source
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Quote #1
"In determining whether a juror should be excluded on the grounds of implied bias, a juror’s statements in voir dire are completely irrelevant."Source
DOJ-OGR-00021771.jpg
Quote #2
"jurors who do not disclose their victimization... create the extreme situation warned about by Justice O’Connor and the Torres court."Source
DOJ-OGR-00021771.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (1,421 characters)
Case 22-1426, Document 87, 07/27/2023, 3548202, Page29 of 35
process, his trauma and his need for therapy to “deal with the stress of the [Maxwell]
case. A353-354.
case. A353-354.
In determining whether a juror should be excluded on the grounds of implied
bias, a juror’s statements in voir dire are completely irrelevant. The juror may
declare that he feels no prejudice in the case. But the law cautiously incapacitates
him from serving on the jury because, in general, persons in a similar situation would
feel prejudice. U.S. v Burr, 25 Fed Cas. 49,50 (C.C. Va. 1807). It is called the
average person test. See U.S. v Haynes, 398 F2d 980, 984 (2d Cir 1968); Dennis v
U.S. 339 U.S. 162,176 (1950). Juror 50 fails that test.
bias, a juror’s statements in voir dire are completely irrelevant. The juror may
declare that he feels no prejudice in the case. But the law cautiously incapacitates
him from serving on the jury because, in general, persons in a similar situation would
feel prejudice. U.S. v Burr, 25 Fed Cas. 49,50 (C.C. Va. 1807). It is called the
average person test. See U.S. v Haynes, 398 F2d 980, 984 (2d Cir 1968); Dennis v
U.S. 339 U.S. 162,176 (1950). Juror 50 fails that test.
Smith v. Phillips, 455 U.S. 209, 222 (1982) (O'Connor, J., concurring)), led
this Court to caution that “automatically presumed bias deals mainly with jurors who
are related to the parties or who were victims of the alleged crime itself.” Id. (quoting
Torres, 128 F.3d at 45). But this limited set of examples is not exclusive. And while
sex abuse victims who timely disclose their victimization may not be presumed
biased, jurors who do not disclose their victimization, thereby depriving the court
and counsel of vital information as to challenges for cause or peremptory challenges
create the extreme situation warned about by Justice O’Connor and the Torres court.
See also Nieves.
this Court to caution that “automatically presumed bias deals mainly with jurors who
are related to the parties or who were victims of the alleged crime itself.” Id. (quoting
Torres, 128 F.3d at 45). But this limited set of examples is not exclusive. And while
sex abuse victims who timely disclose their victimization may not be presumed
biased, jurors who do not disclose their victimization, thereby depriving the court
and counsel of vital information as to challenges for cause or peremptory challenges
create the extreme situation warned about by Justice O’Connor and the Torres court.
See also Nieves.
23
DOJ-OGR-00021771
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