BENCHBOOK FOR U.S. DISTRICT COURT JUDGES-2007

2.06.1 Standard Voir Dire Questions-Criminal: Outline

NCJIC Materials Related To This Issue:

10.2.4 Jurors Should Not Be Offended By Probing Questions During Voir Dire

[Note: Under the Crime Victims’ Rights Act, 18 USC 3771(a)(2) and (3), any victim of the offense has the right to notice of "any public court proceeding . . . involving the crime . . . of the accused," and to attend that proceeding. It may be advisable to ask the prosecutor if there are any victims and, if so, whether the government has fulfilled its duty to notify them.]

A. The following outline for an initial in-depth voir dire examination of the entire panel by the court assumes that

1. if there are affirmative responses to any questions, follow-up questions will be addressed to the juror(s) (at sidebar, if such questions concern private or potentially embarrassing matters); and

NOTE: FRCP 24(a)(1) provides that the court "may examine prospective jurors or may permit the attorneys for the parties to do so."

2. the court and counsel have been furnished with the name, address, age, and occupation of each prospective juror.

B. If the court conducts the entire examination, it should require counsel to submit proposed voir dire questions before trial to permit the court to incorporate additional questions at the appropriate places in this outline.

1. Have the jury panel sworn.

2. Explain to the jury panel that the purpose of the voir dire examination is

(a) to enable the court to determine whether any prospective juror should be excused for cause; and

(b) to enable counsel for the parties to exercise their individual judgment with respect to peremptory challenges—that is, challenges for which no reason need be given.

3. Explain to prospective jurors that presenting the evidence is expected to take days, and ask if this presents a special problem for any of them.

4. Read or summarize the indictment.

5. Ask if any member of the panel has heard or read anything about the case.

6. Ask counsel for the government to introduce himself or herself and counsel associated with the trial, as well as all the witnesses who will testify in the government’s presentation of its case in chief. Ask if the jurors

(a) know any of these persons;

(b) had any business dealings with them or were represented by them or members of their firms; and

(c) had any other similar relationship or business connection with any of them.

7. Ask counsel for each defendant to introduce himself or herself and indicate any witnesses that the defendant may choose to call. Ask if the jurors

(a) know any of these persons;

(b) had any business dealings with them or were represented by them or members of their firms; and

(c) had any other similar relationship or business connection with any of them.

8. Ask prospective jurors:

(a) Have you ever served as a juror in a criminal or civil case or as a member of a grand jury in either a federal or state court?

(b) Have you, any member of your family, or any close friend ever been employed by a law enforcement agency?

(c) If you answer yes to [either of] the following question[s], or if you do not understand the question[s], please come forward, be seated in the well of the courtroom, and be prepared to discuss your answer with the court and counsel at the bench.

(1) Have you ever been involved, in any court, in a criminal matter that concerned yourself, any member of your family, or a close friend either as a defendant, a witness, or a victim?

(2) [Only if the charged crime relates to illegal drugs or narcotics, ask:]

Have you had any experience involving yourself, any member of your family, or any close friend that relates to the use or possession of illegal drugs or narcotics?

(d) If you are selected to sit on this case, will you be able to render a verdict solely on the evidence presented at the trial and in the context of the law as I will give it to you in my instructions, disregarding any other ideas, notions, or beliefs about the law that you may have encountered in reaching your verdict?

(e) Is there any member of the panel who has any special disability or problem that would make serving as a member of this jury difficult or impossible?

[At this point, if the court is conducting the entire examination, it should ask those questions suggested by counsel that in the opinion of the court are appropriate.]

(f) Having heard the questions put to you by the court, does any other reason suggest itself to you as to why you could not sit on this jury and render a fair verdict based on the evidence presented to you and in the context of the court’s instructions to you on the law?

9. If appropriate, permit counsel to conduct additional direct voir dire examination, subject to such time and subject matter limitations as the court deems proper, or state to counsel that if there are additional questions that should have been asked or were overlooked, counsel may approach the bench and discuss them with the court.

BENCHBOOK FOR U.S. DISTRICT COURT JUDGES-2007