A FEW GENERAL DEFENSE VOIR DIRE QUESTIONS WHEN YOUR MIND GOES BLANK

You will find many trial practice books in your local law library that will provide
you with a slough of boilerplate questions for voir dire. The CCJA publication on
Jury Deselection contains several hundred sample questions for voir dire. Read
the examples for ideas. With each trial, you will add to your own notebook of
sample questions. Here's a very brief sampling of the sort of questions you will be
collecting. Some of these questions, e.g., tattoos and piercings, are considerably
more personal than you may find comfortable asking in a group? Remember,
before you start asking questions that preload the people you may want to keep,
ask the questions that will allow you to get rid of the folks who are subject to legal
challenge for cause or who need to be struck with peremptories.

(Stock Opening) May it please the Court. Your Honor, may I approach the jury?
(Stock Greeting) (Pause. Establish Z-glance eye contact with the panel.) Opposing
counsel, ladies and gentlemen of the jury, good morning (or good afternoon).
(Don't say "morning" if it's afternoon.)
(Introduction of Yourself and Your Client) As Judge (name the judge) told you, my
name is (state your name). I've been a lawyer here is town for (state the period of
time). It will be my honor and privilege of speaking to you in this case on behalf of
(name your client). (Name your client) would you please stand. [Note: When you
introduce your client, it is often advisable to position yourself close to the client,
perhaps touching him on the shoulder or arm. You can walk over to the client at
counsel table for the introduction and stand behind him/her or, if you have
him/her stand, beside him/her. As an alternative, you might have your client
come to where you are in the courtroom (It will usually be closer to the jury and
will give the jurors an opportunity to see the defendant in full figure.) and stand
beside you as you introduce him/her. You will need to alert the client prior to the
trial that you are going to introduce him/her. The client needs to look good and
make eye contact wit the jurors. As to the label you will use in the introduction,
never refer to hi/her as "the defendant." Don't use the client's given name, e.g.,

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Sam unless you are sure that the trial allows it. Normally, it is best and safest to
use the client's given name and surname, e.g., Mr. Sam Smith.]
(Importance of Jury Trial) Long ago, people accused of crime had to prove their
innocence by submitting to "trial by battle" or "trial by fire" or "trial by water." If
they escaped unharmed they were declared innocent. If they were killed in battle
or if they were burned to death or drowned, they were condemned as guilty. To
us today such cruel procedures make no sense. As Americans, we believe that the
right and fair way to decide a disputed case is to submit it a jury - group of people
selected from all parts of the community and from all walks of life. We are willing
to trust our life, our property and our liberty to the reasoned judgment of twelve
(or six) of our fellow citizens.
(Honor of Jury Service) As a juror, you'll serve as an office of the court along with
the judge and us lawyers. Only a small percentage of the community are
privileged to serve as jurors. It's one of the highest responsibilities of being an
American.
(Counsel/Parties Prohibited from Talking to Jurors) The rules of court prohibit the
lawyers and the parties to a lawsuit from talking to jurors during a trial. So if we
see each other outside the courtroom and I don't talk to you, please don't be
offended. (This goes for (name the client) also. He's a party to the lawsuit and also
prohibited from visiting with jurors.)
(Lengthy Trial - Approximate Length) I wish I could tell you precisely how long this
trial will last. I can't do that, but I can give you a ballpark estimate that it may last
approximately (indicate the length of time). Will this impose a special hardship on
anyone?
(Fronting Your Theme) This case is about (state your theme in ten key words). In a
nutshell (state your theory of the case in one or two sentences totalling thirty
words or less.) I'd like to ask you how you feel about that. (Begin the discussion of
your theme with individual jurors, asking them how they feel or what they think
about your theme.)
(Fronting the Major Issues of the Case) There are (state the number) central
issues on which this case will turn. I'd like to briefly focus on them in order to
determine your feelings. (Discuss the focal issues, no more than three.)

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(Judging Another - Prosecution Question)
Q: If you are selected as a juror, you will be sitting in judgment of another human
being. Is there any reason why this task would be overly difficult for you?
(Juror's Feeling About Being Called for Service)
Q: I'm wondering what it must be like to be in your position. Can you share your
feelings about being called down here for jury service?
(Juror's Feeling About Judging Credibility/Believability of Witnesses)
Q: How do you feel about having to judge the truthfulness of witnesses who have
been sworn to tell the truth?
Q: Have you (any of you) been in situations where you had to listen to conflicting
stories and decide which one to believe?
(Juror's Self-Revelation)
Q: How would you describe yourself? ["Tell me a little bit about yourself." Let the
juror pick what s/he feels is important, and pose appropriate follow-up questions
that are relevant to your case or client.]
(Responsibility for Accused Will Flow from Counsel to Jurors)
Q: Right now, I am responsible for acting on behalf of (name the defendant) so
that he will have his fair day in court. And, if you are chosen as a juror, you'll share
that duty with me for awhile. But at end of the courtroom part of this case, my
role changes. I will have to step aside and give (name the defendant) into your
hands as you go back to deliberate. Will you be comfortable with that
responsibility?
(Presumption of Innocence and Burden of Proving Each Element of Offense
Beyond a Reasonable Doubt)
Q: Let's talk about two overarching rules of law that apply in every court in our
country. I'm referring to the laws that says, first, the accused is presumed to be
innocent of the offense charged and, second, no person may be convicted of an
offense unless each element of the offense is proved beyond a reasonable doubt.
How do you feel about each of these two laws?

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(Discuss Elements)
What are the elements in this case that (name the defendant) is presumed to be
innocent of? (Answer your rhetorical question by discussing the elements of the
offense. In every offense, other than strict liability crimes, there will be a state or
mind or culpable mental state element and a conduct element; the state of mind
element might include intent, knowledge, recklessness, criminal negligence;
conduct may include acts, omissions, and possession; in result-defined offenses
there will be causation and result elements; there may also be an element known
as attendant circumstance.)
(Discuss Applicable Law)

Q: As jurors , do you understand that your job is to determine the facts

and then to apply the law to the facts as you've found them?
Q: At this point, you are not required to know all the law that may apply to this
case. At the end of this case, right before (or after, depending on the jurisdiction)
the final argument of the lawyers, His/Her Honor Judge (name the judge) will give
you some specific instructions as to the relevant law of this jurisdiction. Your job
in deciding this case, is to apply the law the judge gives you to the facts as you
find them to be. The law comes from the judge in a set of instructions to the jury
and not from us lawyers. But if I am right, the judge is going to tell you at the end
of this case (indicate exactly what you anticipate the relevant instruction will be). I
need to know how you feel about that law and whether it is acceptable to you. If,
after hearing all the evidence, you felt that this law applied to the facts of this
case you agree that you would follow that law and be guided it in arriving at a
verdict?
Q: If the judge gave you an instruction about the law of (indicate the subject) and
you personally did not agree with that law, what influence would that have on
your ability to follow the law? Would you follow a law that you personally don't
believe in and disregard your own feelings or would your personal disagreement
with the law make that difficult?
(Series of Very Specific Questions that Let You Know Some Intimacies re the
Prospective Juror)

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Q: How would those who know you describe you?
Q: What do people notice about you within the first hour of meeting you?
Q: Where did you grow up?
Q: If you could live anywhere, where would you live?
Q: If you could go to dinner with any famous person, who would it be?
Q: If you could go back in time, what era would you choose?
Q: If you could be an animal, which one would you be?
Q: If you could eliminate one disease (or one crime) from the face of the earth,
what would it be?
Q: If you were a comic book character, what super power would you like to have?
Q: If you could bring back any deceased musician for one concert, who would it
be?
Q: Do you have any pets?
Q: Do you have a nickname?
Q: Do you consider yourself open-minded? Rate yourself on a scale of 1 to 10, 10
being the most open-minded.
Q: What is your favorite place to vacation?
Q: What is your (specify other revealing favorites, e.g., car, TV program, book,
movie, writer, cartoon or comic book character, web site, restaurant, dessert,
snack food, ice cream flavor, color, type of music, musical band or group, Beatle -
John, Paul, George, or Ringo, beverage, item of clothing, season, sports team, day
of the week, president, time of day, mode of transportation, vacation, pizza
topping, holiday, brand of toothpaste, facial feature, etc.)
Q: Are you a competitive person?
Q: What is one of your favorite activities on Saturday night?
Q: Which of the five senses - sight, hearing, smell, touch or taste - would you least
want to lose?

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Q: When you are bored, what do you do to stop the boredom?
Q: Do you have any superstitions?
Q: Do you believe in fate?
Q: Do you believe in revenge?
Q: Tell me about the person who most influenced your life?
Q: When you are in the car, do you listen to music or radio talk shows?
Q: When you are alone, do you ever talk to yourself out loud? What do you talk
about?
Q: How important is physical fitness in your life?
Q: Would you characterize your self as a morning person or a night owl?
Q: Do you prefer Letterman or Leno or Nightline?
Q: Would you describe yourself as a leader or a follower?
Q: Do you prefer coffee or tea, sunrise or sunset/ paper or plastic?
Q: Have you ever participated in a protest? What were you protesting?
Q: What is your preferred method of communicating with someone who isn't in
your presence - phone, email, or instant messaging?
Q: Do you participate in social networking with some form of social media such as
Facebook, Myspace, Linkedin, Flickr, Twitter, or any other network?
Q: Do you screen your phone calls?
Q: Have you ever had a collection? Of what?
Q: Who is your favorite musician?
Q: Have you ever talked yourself out of speeding ticket? Do you remember what
you said?
Q: Does your car have any bumper stickers? What do they say? ["My child was
inmate of the month at the Wood County jail," would be a good answer for the
defense.]

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Q: Do you have any tattoos or piercings? Thinking about getting any?
Q: What stresses you out?
Q: Have you ever baited a fishing hook?
Q: When you are lost, do you ask for directions or do you find your way out by
using a map?
Q: Would you describe your social life? Party person or enjoy the peace and quiet
of home?
Q: What's your favorite outdoor activity?
Q: What's your favorite sport to play (or watch)?
Q: How important is family to your?
(Feelings re Polarized Positions - "Some people think..." vs. "Other people think..."
Stem Questions)
Q: Some people think (state the polar negative of the position that is favorable to
your ideal, e.g., that a person should always retreat before using deadly force to
defend him or herself if there is a safe avenue of retreat open to him or her and
he or she knows it is available). Other people think (state the polar opposite
position, the one that is favorable to your case, e.g., that a person who is
unlawfully attacked with deadly force by an aggressor should have the individual
choice either to retreat or to stand his or her ground and defend him or herself
with deadly force against the unlawful attack). How do you feel?
(Permissible "Put Yourself in the Defendant's Shoes" Questions)
Q: If you were accused of a crime where your liberty and your future were on the
line, would you want to know something about the men and women who were
going to decide your fate?
Q: What would you want to know about those people who had your future in
their hands?
Q: Would you want the people on your jury to be the sort of folks who would give
you a fair shake?

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(Juror's Neighborhood)
Q: Tell me a little about the neighborhood you live in.
Q: Tell me about crime in your neighborhood.
Q: What racial groups live in your neighborhood?
(Occupation)
Q: What type of work do you do?
Q: Have you had any other occupations?
Q: Do you supervise other people? How many" How do you feel about supervising
other people?
Q: Does anyone have current work related projects that are going to occupy your
mind to the extent that you wouldn't be able to concentrate on the evidence that
will be presented in this trial?
(Spouse's Occupation)
Q: Does your spouse work outside the home?
Q: What type of work does your spouse do?
Q: Does s/he supervise other people?
Q: What race is your spouse?
(Membership and Activities in Organizations)
Q: What organizations or activities do you participate actively in? (Examples of
particular relevance might include Mothers Against Drunk Drivers, Parents of
Murdered Children, the 100 Club.)
Q: Do ( any of you or how many of you) you do any volunteer work?
Q: Have your ever called in to a radio talk-show or written a letter to the editor?
(Blogger)
Q: Do any of you blog? (I don't need to tell you how revealing an affirmative
answer to this could be.)

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(Military Service)
Q: Is anyone (Are any of you or how many of you are) either presently or
previously a member of the armed forces of the United States or the reserve?
Q: When, where, enlisted, drafted?
(Exposure to Media)
Q: How much TV do you watch? What are your favorite shows?
Q: Do you like to read? What type of reading do you like?
Q: Do you subscribe to any magazines? Which ones?
Q: Before coming to court today, have you heard anything about this case?
Q: (If a juror as been exposed to publicity negative to the defendant, prosecutors
may ask a question similar to the following.) Now you understand that the law
says that a juror cannot consider anything other than the evidence that comes out
here in court from the witness stand. You cannot consider what you might have
read or heard about the case. When you are sworn as a juror, you have to take an
oath that you will consider only the law and evidence in arriving at your verdict. I
need to know if you can accept and abide by (follow) such an oath?
(CSI Effect) (1 - prosecutor's view ), (2- New Republic), (3 - article), (4 - article), (5 -
38pp. research)
Q: Does anyone watch the crime scene investigation shows like CSI, Forensic Files,
or Cold Case?
Q: How often do you watch?
Q: What's you favorite show?
Q: Most of these shows claim to be able to solve crimes using scientific evidence.
How do you feels about how accurately these shows depict what happens in the
real world of police work?
Q: What do you think about whether or not there is forensic evidence at every
crime scene?
Q: Do you think there are some cases where there is simply no forensic evidence?

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Q: Do you think it's possible to prove a criminal case without presenting any
scientific evidence?
(Physical/Mental Infirmity/Condition)
Q: Does anyone ( Do any of you) have any difficulty seeing or hearing?
Q: Does anyone require frequent medication or medical care? If so, just raise your
hand and we can discuss this privately at the judge's bench.
Q: Does anyone have any heath issue or health problem that might interfere with
serving on a jury? Again, we can take it up privately at the judge's bench.
(Religious Belief)
Q: Does anyone have a religious belief or religious affiliation that might interfere
with sitting in judgment of another human being?
(Connections to Legal System, Legal Training, Law Enforcement)
Q: Has anyone or a member of your family ever studied law or worked in a
lawyer's office?
Q: Have any of you or anyone close to you ever been connected with a law
enforcement agency, including the district/states attorney's office, police, sheriff's
department, constable's office, F.B.I., Treasury Department, the ATF, or the IRS -
either as an agent, secretary, consultant, maintenance worker, or any other
position?
Q: Have any of you or your spouse ever applied for a job with a law enforcement
agency?
Q: Have any of you ever worked in a job where you were involved in
investigations of any sort?
Q: What sort of effort would you expect the police to make in investigating a
crime?
Q: Do you understand that jurors are not permitted to personally conduct their
own investigation of the case?

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(Exposure to Courtroom)
Q:Have you (How many of you have) ever been in a courtroom before?
(Victim of Crime, Litigant or Witness)
Q: Have any of you or any member of your family ever been the victim of a crime?
Q: Have any of you (How many of you have) ever been a witness in a criminal/civil
case?
Q: Have you ever been sued or sued someone else in court?
Q: Does anyone have any legal action presently pending in a court? In other
words, is anyone currently involved in a lawsuit either as a complainant, plaintiff
or defendant?
Q: Without naming names, have you ever known anyone who has a serious
problem with drug use?
(Negative Experiences with Legal System - Arrested or Charged)
Q: Have you or a loved one ever been arrested and taken into custody by any law
enforcement agency?
Q: Have you or a loved one ever been charged with a crime other than minor
traffic offenses?
Q: Do you personally know anyone who has been incarcerated in the
penitentiary?
(Falsely Accused)
Q: Can you think back and remember a time when you were falsely accused of
doing something wrong?
Q: (If so) Did you think that you had to prove your innocence?
Q: (If so) Did you think that was fair?
(Feelings re Burden of Proof)
Q: 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?

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Q: Should the prosecution have to prove the accused person guilty or should the
person accused of crime have to prove himself innocent?
Q: (On the burden of proof issue, prosecutors may say something like the
following.) The judge is going to tell you that the burden of proving the defendant
guilty is on us. There's a legal presumption in the innocence of all defendants
when they go to trial. You've probably heard it: " A defendant person is presumed
innocent until his guilt is proved at trial. The law doesn't say that defendants are
innocent. It simply says that they are presumed innocent until proven guilty. We
gladly accept the burden of proving guilt. Here's what I need to know: If we
present evidence which proves to you beyond a reasonable doubt that the
defendant did the crime he is charged with, will you find him guilty?
(Feelings re Race and Ethnicity)
Q: Do you believe that the crime rate among blacks (or Hispanics. etc.) is higher
than the rate among other racial groups?
Q: What racial group do you believe is responsible for committing most of the
crime in our county?
Q: Do you think there will ever come a time in this country when race will have no
more significance than the color of a person's eyes?
Q: Have you ever had an unfortunate experience with a black (or Hispanic, etc.)
person?
Q: When was the last time that you had a black (or Hispanic, etc.) person in your
home as a social guest?
Q: What contact do you have with black (or Hispanic, etc.) persons?
Q: Have you or anyone in your family ever been "labeled" in an unpopular way?
(Relationship with Parties, Witnesses, and Legal Officers)
Q: Are any of you related to or do you know personally any of the following:
(Introduce the witnesses, e.g. " The prosecution's witnesses are (name them); will
these witnesses please rise so that all the jurors may see you. Do any of you know
these witnesses?") (Introduce yourself, e.g., "My name is (state your name). I
have been a lawyer here in town for (state the time). Does any one know me?"

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and the opposing lawyers,.e.g., "The (prosecution/defense) in this case is
represented by (state the names of opposing counsel). Do any of you know any of
these lawyers or their firm (name the firm) or have any of you had dealing with
that firm or any of its members?")
(Prior Acquaintance with Other Prospective Jurors)
Q: Do any of you know anyone else on this panel? By that I mean, did you know
anyone else in this group of potential jurors before today?
(Prior Jury Service) [Note: some lawyers believe that the more criminal cases a
juror has been on, the better prosecution juror s/he will be, i.e., s/he he has heard
the boilerplate defense spiel a number of times and has probably been
educated/lectured by the prosecutor after the case as to the anti-defense
information that could not be placed in evidence because of rules of court.]
Q: Has anyone ever served on a grand jury? [You may want to question the
prospective juror with grand jury experience in order to bring out the fact that the
grand jury hears only one side of the case, and that is from the prosecutor. There
are other significant differences between grand jury and petit (trial) jury service
that you want the panel to understand: the grand jury prosecutor typically tells
the grand jury what the prosecution claims the accused has done; the prosecutor
orally summarizes what s/he claims the evidence will be; the prosecutor decides
how much of the story to tell and how to describe it; the entire presentation of a
typical case is done in a few minutes; the grand jury typically takes the
prosecutor's word and does not examine everything in the prosecutor's file; the
grand jury typically decides whether to indict based on what the prosecutor says
happened; the prosecutor is not a witness to the alleged offense; there are
generally no live actual fact witnesses in the grand jury room testifying under oath
in support of what the prosecutor says; the grand jury has the power to call live
witnesses but typically does not do so on its own initiative; if live witnesses do
testify, it is typically because the prosecutor has asked the grand jurors to issue a
subpoena for the live witness; the accused is not allowed to be present during the
prosecutor's presentation; the accused's lawyer is not allowed to be present or to
question or cross-examine any live witnesses that the prosecutor might produce;
grand jurors are allowed to ask questions of the prosecutor and the witnesses;
the same prosecutor presents many cases to the grand jury; the grand jurors are

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free to talk with the prosecutor, to ask questions of the prosecutor and to engage
in friendly conversation with the prosecutor; the prosecutor typically makes an
effort to see that the grand jurors are comfortable; the job of the grand jury is to
determine only whether there is probable cause to issue an indictment and not to
determine if the accused is actually guilty of the offense; the grand jurors do not
use the standard of proof of guilt beyond any and all reasonable doubt; the grand
jurors are not exposed to a defense attorney explaining to them all of the legal
justifications and/or legal excuses for otherwise criminal conduct, such as,
mistake of fact, mistake of law, duress, entrapment, defense of self, defense of a
third party, defense of property, consent, insanity and/or necessity; and, the
substance of the grand jury proceedings are kept secret from the accused and the
general public but, except for the deliberations, are available to and known by the
prosecutor.]
Q: Are there any of you who have been summoned for jury duty and, after the
lawyers talked to you, excused from jury service; in other words, called for service
but not selected to be on the particular jury?
Q: Who has served on a jury? Criminal or civil case? Without telling me what the
verdict was, were you able to arrive at a verdict? [What verdict did you reach
during your prior jury service? - This inquiry on voir dire is discretionary with the
court in Texas. See Blackman v. State, 414 S.W.3d 757 (Tex. Crim. App. 2013)]
Q: Were you the foreperson of that jury?
Q: After the verdict, did anyone come and talk with you? Did you talk with either
of the lawyers? Did the judge talk with you? Did you feel comfortable after you
were talked to?
Q: How did you feel about the experience of serving on a jury?
Q: Was there anything in your previous jury service that was disturbing, troubling,
or upsetting
(Feelings re Prior Convictions of the Defendant or a Witness)
Q: If at one time in the past a person was convicted of a crime, some people
might think that once a person has been convicted, he could never be believed
again? How do you feel about that?

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Q: How would you feel about convicting an innocent person just because he had
been convicted of a crime in the past?
Q: Should a person who has committed a crime in the past be entitled to less
rights than any other person who is accused of a crime?
Q: What would be your impression of a person accused of crime who didn't testify
in his own defense?
Q: Can you think of any reason why a person who is accused of a crime wouldn't
want to testify other than the fact that he might be guilty?
(Feelings re Credibility of Witness, e.g. Police, Complainant, Defendant)
Q: Do you understand that a police officer witness (or the complainant) is not
entitled to be believed any more than any other witness just because s/he is a
police officer (or a complainant). [Prosecution: If the defendant chooses to testify,
do you understand that s/he is not entitled to be believed any more than any
other witness just because s/he is the defendant?]
Q: In taking the stand, a police officer (or the complainant or the defendant) will
have to take an oath like every other witness who testifies. Is there anyone who
believes that when a police officer (complainant, defendant) takes the witness
stand and swears to tell the truth that it automatically means that s/he is going to
tell the truth just because s/he is a police officer (complainant, defendant)?
Q: Is there anyone who believes that a police officer"s (complainant's,
defendant's) testimony should be given any more weight or credibility just
because the witness is a police officer (complainant, defendant)?
(Feelings re Defense Failure to Call Witnesses)
Q: How would you feel if the defendant didn't call any witnesses at all?
Q: Would this make you believe that the defendant was guilty?
Q: What if the defense lawyer didn't even question any of the prosecution
witnesses?
Q: Would you expect the defense to prove the prosecution wrong?

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Q: What affect will it have on you if the prosecution (or defense) has more
witnesses than we do?
(Feelings re Circumstantial Evidence)
Q: When we talk about "circumstantial evidence," what does that phrase mean to
you?
Q: Direct evidence is evidence that proves a fact directly without you having to
draw any inferences. Circumstantial evidence is evidence that allows you to draw
an inference of the existence of a fact from proof of a different fact. That may
sound like jabberwocky or legal mumbo-jumbo, but let me give you an example.
[Note: You may give one of the bromide examples of rain or snow; personally, I
like using an example of circumstantial evidence that every juror would have
recently experienced, e.g., " Most of us, at one time or another, have been in the
yard or at the mailbox when the postal carrier arrives with the mail. On that day,
you actually see the carrier deliver the mail into your mailbox. But there are some
times when you are not home when the mail is delivered. You just find your mail
in the box when you come home. When you left, the mailbox was empty. When
you get home, it is full of mail. When you actually see the carrier put the mail into
your mailbox - that is direct evidence that the postman delivered that mail. But
when you return home to find the mail in a mailbox that was empty when you
left, that is circumstantial evidence that the postman delivered your mail. You
didn't see the mail delivered by the carrier, but you draw a logical inference that
the carrier delivered your mail from the circumstantial evidence that its in your
mailbox. You draw the logical inference of one fact, i.e., that the carrier delivered
your mail from proof of another fact, i.e., the fact that you found mail in the
mailbox. We use circumstantial evidence like that every day. Think about it
tonight when you get home and have mail in the box. You have a pretty good idea
how it got there, even though you weren't there when it arrived.Another good
example - remember the excitement that Robinson Crusoe felt in seeing the
human foot print on the beach? Why was he excited? It wasn't just because he
found a footprint in the sand. It was because that footprint was circumstantial
evidence that there was another human being on the island. Proof of one fact -
the footprint - allowed him to logically infer another fact - someone left that
footprint."] Having said that, is there anyone that has a problem with convicting a

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defendant based on evidence that is circumstantial, so long as that circumstantial
evidence proves guilt beyond a reasonable doubt?
(Feelings re Possibility of "Wrong Man")
Q: How often do you think it happens that the police and prosecutor have the
wrong man?
Q: What about the possibility that an eyewitness might make a mistake in
identifying the wrong man as the perpetrator of a crime? (1)
(Feeling re Defendant's Innocence and Reasonable Doubt (1) as Trial Begins)
Q: What is your feeling right now about whether (name the accused) is innocent?
Q: How do you feel about the fact that in order for the prosecutor to win her
case, she has to persuade you beyond a reasonable doubt that (name the
accused) committed this alleged crime?
Q: If you find yourself in a position where the believable credible evidence points
toward guilt and also points toward innocence, who would get the benefit of the
doubt?
Q: (Prosecution question) If the defense puts on evidence that conflicts with the
evidence presented by the prosecution, is there anyone who believes that the
mere fact the the evidence is conflicting creates a reasonable doubt without
having to evaluate the credibility of the witnesses and/or the weight of the
evidence? In other words, I am asking if there is anyone who believes that any
conflict in the evidence creates a reasonable doubt?
(Feelings re Law and Order)
Q: What do you think about the idea of law and order?
Q: How necessary is it to a civilized society?
(Rating Feelings on a Scale)
Q: On a scale of 1 through 5, (display a board or screen with a five to seven point
scale, e.g., 1- absolutely disagree, 2- strongly disagree, 3- disagree, 4- no feeling
whatsoever, 5- agree, 6- strongly agree, 7-absolutely agree) how do you feel
about the following statement: (insert the statement about which you wish juror

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feelings)? [Note: It will help you keep track of the whole panel if each juror has a
laminated card with his/her juror number that can be held up when you ask
respectively , "How many people absolutely disagree (strongly agree, agree, have
no feeling whatsoever, ...)?]
(Connection with Rehabilitation Programs - Prosecution Question)
Q: Have any of you or someone in your family ever been associated with a
program that was devoted to rehabilitation of persons convicted of crime?
(When Punishment Is a Matter for the Judge - Prosecution Question) If you are
chosen as a juror and you and your fellow jurors convict the defendant, you will
have no say in the sentencing part of the trial. Would that fact have any influence
on your ability to be a fair and impartial juror on the guilt/innocence part of the
trial.
(Reservations re Serving as a Juror in the Case)
Q: Is there anyone who has any reservations or problems whatsoever, no matter
how small they may seem, with sitting as a juror in this case? If so, now is the time
to talk about them, and we can do that in private up at the judge's bench if you'd
like.
Q: Taking the oath as a juror is kind of like taking vows when you get married.
Suppose you are getting married and the preacher asked your intended if he or
she promised to love, honor and protect you. If your future spouse answered, "I
guess so, " or "Maybe, " you probably shouldn't marry that person. The person
may be a good person but just not for that marriage. Why? Because that person is
hesitant about being able to commit themselves to the marriage. The same is true
with being a juror. There are some cases where you just can't make the promise
to be completely impartial. You are all good people, but that doesn't mean you
are a good juror for this case. If you have any inclination that would cause you at
this point to lean toward the prosecution, you wouldn't be a good juror for this
case. And that's because you wouldn't be able in good faith to take the vow of
100% impartiality. If you are hesitant about your ability to look at this with total
impartiality, now is the time to say so. You don't want to get married with the
wrong frame of mind, and you don't want to sit in judgment of your fellow man

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with the wrong frame of mind. At this point, do you have a smidgeon of bad
feeling against (name the accused)?
Q: Is there anyone who feels now that s/he shouldn't serve as a juror in this case?
Q: Do you want to serve as a juror in this case?
Q: Is there a question that either myself or the attorney on the other side should
have asked you that we didn't?
Q: Is there something about you that we should know regarding whether you
should serve on the jury in this case?
Q: Is there any reason that we haven't covered in this voir dire questioning that
might keep you from being a fair and impartial juror in this case?
(Closing)
(Pause. Look at all the jurors with a Z-glance and say the following.) Ladies and
gentlemen, I appreciate your honesty, your candor, and your patience. We look
forward to presenting our case to you. Thank you, Your Honor.

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