Wednesday, January 28, 2009

Observations of Voir Dire

This was my third time as a jury panelist. And I am in seat number one, out of a panel of 99. Is this a really large panel? Unless the first row is really not the first row, I have this to lose. I guess we would figure it out by the number of questions each row were asked.

In this most recent example, many questions were asked, with the entire panel able to respond. Many on the third row were quite vocal about their opinions about sexual assault, gender issues, the perception of how the victim will be treated on the stand, and other issues brought up by the lawyers. In this case each defendant (3), had his own attorney, with one having 2.

Concerning the strikes each attorney had. I believe one reason the strikes are not revealed until the final jury is “introduced”, is to prevent the jury panel from learning. If for example an attorney asked how one felt about child abuse, and two panelists announced very strong views. And if the attorneys on both sides agreed that these two panelists were unsuitable, what would a potential result? If the lawyers imediatiatly asked for the dismissals of the two, how likely is the remaining panel to speak candidly? I found “my” recent panel particularly unsophisticated. Many (in the third row) seemed to feed off of each other, saying more and more outlandish statements. I think Judge Richard Mays allowed it (although clearly annoyed), to “strike” more panelists.

Although I represented my self well, I was (in the end) “struck” myself.

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