VOIR DIRE OATH;

Do you solemnly swear thatyou will tell the truth and try the issues
to the laiu and the evidence, so help you God.
INTRODUCTION

As the judge has informed you, my

name is [ ] andI will be represent

ing the Defendant, [ 1in this matter,

just as [ 1represents and is the spokes
man for the State ofFlorida, Iwill be the

spokesman for the Defendant, [ ]

You, the prospective jury, will be

[faced with the job] of listening to the

'HOW ILIRY SELECTION WORKS

At this time, ladies and gentleman, I

will ask you questions concerning your

qualifications to sit as afair and impartial

jury in this case. Imight discuss with you
certain areas that seem personal. Please
do not be offended or embarrassed. It is
not my intention to pry into your per

sonal lives. 1ask you questions in good

testimony, analyzing its components,

faith to help the defense make certain we

and ultimately you will be confronted

just, honest and courageous and who

with the responsibility of determining

through your analysis the guilt or in

nocence of the Defendant.

It is not always an easy task to fulfill

'

have six/twelve people who will be fair,

will decide this case upon the evidence

or lack ofthe evidence. Additionally, 1

will ask you these questions so that you

can satisf)' yourselves that you will be

objectively, since we all are human and able to sit in this case and render honest
possess certain sympathies and emotional 1 and fair judgment.
feelings. The Defendant has pled not
guilty to the charges, and he does not
want your sympathy or emotions. He
only wants you to follow the law based

EXPLAIN THE TYPE OF

caseGENERALLY

upon the fitcts presented.

TO ASK
As you pain-stakingly know, it is | QUESTIONS
EACH ILIROR

our task, at this stage of this trial, to

.briefly inquire into your background,

experiences and preferences, so we may

determine if there are"any conflicts in

your feelings that could affect youi

ability to judge with fairness and im
partiality.

All we are interested in a fair trial, a

fair trial for the Defendant as well as a

fair trial for the Prosecutor. Thus, it is

Preliininnry questions:

How long have you lived in

County?

What part of the county do you live

What type of residence is that? Single
or multi-family?

Where did you reside prior to Broward

Do any of your children work?

Do they go to school?
Whatdoes their jobentail?

Do you have any hobbies?

Priorjii^y experience:

Have you ever been a juror before

today?

What t)'pe of case was it, criminal or

civil?

What was the charge?

Were you the foreman of that jury?

Did you deliberate and reach averdict

in that case?

Are you today satisfied with the verdict

in that case? No regrets?

What was the verdict in that case

discretionary.

Legal experience andpolice ojpcers:

You understand, doiYtyou, that police
officers are human like you and me?

They are subject to the same human

frailties as you and I, arent the\.

Do you feel that apolice officer may

niake a mistake or mistakes?

Do you feel that under certain circum

stances, they may make a casual error

just as you and I might make.

If the testimony revealed that the

police had erred or used improper

Count}-?

my hope that our conversations can be

candid, informal and notembarrassing.

Arc they school age or employed?

How many children do you have?

Are you employed' What is youi oc
cupation?

Have you ever been engaged in an\judging the credibility of the evidence other
trade or profession?
is up to you, and that you should follow 1 What occupation,
does
your
job
entail?
the law and your common sense.
FLORIDA DtFENDtR

What does he or she do?

in'

Are you married?

If I am missing something, please tell

me. My job is to make sure you realize
that he/she is presumed innocent, that

Is your husband/wife employed?

judgment, how would you react to

such testimony?

Do you have training in the law oi

criminal matters?

you ever been required to testily

in alegal proceeding as awitness?
Have you ever been aplamtilf or de
fendant?

 Has anyone in your family ever been

arrested or charged with a crime?
Have you ever been the victim of a
crime?

Was the incident reported?

Was the person ever located and

brought to justice?

Many police officers have played an

active role in the investigation of
this matter, and will testify in this
trial. Can you give their testimony the

Mr. Juror, the law presumes that my

reasonable doubt?

client is innocent as he sits in this

If the defense in this case shows you

courtroom today. The judge will

many areas where you could find

charge you that. Do you agree with

reasonable doubt and you agree that

the law or do you disagree?

Does the fact that myclient enters the
courtroom while being escorted by

there is some reasonable doubt that

is justified by the evidence, what will

your verdict be?

police officers in any way effect your

thinking in so far as the presumption

Theory ofdefense:

of innocence is concerned?

Aman is presumed innocent and yet,

Drugs:

until he has sufficient funds to raise

None of us like what isgoing on with

ibility merely because these witnesses

bail, he is jailed. How does this effect

your thinking with regard to presump

drugs in our country today. We are all

against it naturally. However, there

will be law enforcement officers?

tion of innocence?

are some people whose feelings are so

strong that they could not be fair in
evaluating thetestimony. How doyou

weight you feel it deserves, without

imputing either greater or less cred
Have you had any contact or experi
ences with police officers that would
effect your ability to listen to their
testimony without bias impartiality?
Do you have relatives, friends or
family members affiliated with law
enforcement agencies - local police
department, FBI, Department ofCor
rections, StateAttorney*s Office?
If you, do you ever discu.ss their cases
with them?

' Doyou have family members or close

friends who are attorneys?
Reasonable doubt:

Are you aware thatthere is adifference

between the burdenof proofin a civil
case and in a criminal case?

In a civil ca.se, the plaintiff or com

plainant must prove the ca.se beyond
a greater weight of the evidence. In a

Burden ofproof:
You know, of course, that the prosecu
tion has the burden of proof, don't
you?
You also know that he must prove

feel?

Do you feel that merely because the

charge is narcotics there must be a
conviction?

his case to your satisfaction beyond a

Do you feel that aperson can be charged

reasonable doubt, to a moral certainty,

don't you?
Now, the words "reasonable doubt,"

with a narcotics crime and nevertheless

will beexplained to you by thejudge;

be innocent of the charge?

Are your feelings against drugs so vehe

ment that you could not be a fair, rea

however, I would like your assurance

sonable and just juror in determining

at this time that should the evidence

the innocence or guilt in this isolated

you hear create any sort of reason

able doubt in your mind as to the
defendant's guilt, will you resolve that

Do you. any ofyour family members,

doubt in his fiivor?

case?

or close friends belong to MADD,

Al-Anon, Mar-Anon, FAM, or other

This reasonable doubt can be on any

groups relating to drugs and/or alco

particular i.ssue or fact in this case. Do

you understand that?

your feelings about the drug prob

If after all the evidence has been pre

hol? How does that experience effect

lem?

criminal case or trial, the State must

sented, if there are certain aspects of

Do you. a family members, or friend

prove the defendant is guilty beyond

the State's case that did not entirely

have someone close who has used or

and to the exclusion of every reason

satisfy you, how do you think you

been addicted to illegal drugs?

able doubt. Do you understand the

difference?

Do you understand that the State, in

order to meet this burden, must prove
each and every element of this infor
mation beyond a reasonable doubt?

would react?

If after all the evidence has been

Prejudice:

presented there were certain aspects

My client is an African American. 1

of the defendant's case that satisfied

am certain/that we all feel that when

you, how do you think you would

a mans life and liberty are at stake,

there is no room for prejudice; and

react?

1 am satisfied that consciously, none

the test which the law requires and

If there were conflicting testimony in

this case bytheprosecutions witnesses,

require them to prove the defendant

beyond a rea.sonable doubt and
not require them to carry a burden

would you take this into consideration

on the question of rea-sonable doubt?
If the prosecution's witnesses make

a man because of his color. What I

Will you hold the State of Florida to

which is less than that that the law

an error or misstatement, or if his

requires?

memory is faulty on some aspect

of this case, will you take this into

Do you think that my client has to

prove that he is innocent?

consideration in applying the rule of

of you are prejudice, or will convict

want is your assurance that you will

not tolerate any prejudice. Do I have
that assurance?

Will you treat my client as you would

anyone else regardless ofrace, creed or
color?
FLORIDA DEFENDER 13

jtins:

'

,5

i How do you feel about gun contro ^

Why do you keep agun in your home.

How would you feel about a woman

wearing agun for protection. Ha

you ever been involved in acrime wit
agun or had agun pointed at you?

one is telling the truth? Consider bias,

PRESIDENT from page 3

demeanor, probability and possibility

And. as if the above is not enough

to send chills up and down your spine,

interest in the outcome of the case,

of testimony.

Do you feel you are good judges

of character and people telling the

truth?

Are you aware that during the course o

this trial, the prosecutor and 1will be

SAY NOT GUILTY]

Ifthe State fails to meet their burden

proof, what would your verdict be?

making objections to the admissibihty of
Guilty or not guilty?
ofcertain
evidence?These
objections^
to guarantee
all parties afair
trial, Will
Closing:
you not hold the fact that Imayobject at
Do any of you have any questions ot
various times against me or my case.

. You will not speculate on evidence

which was not admitted, will you.
Ifchosen as ajuror, will you listen care-

Rilly
to theyou.
testimony
will give
and abidethatbythethewitnesses
law that

the judge will instruct you to follow

Do you understand that you are the
sole judges of the credibility of the
witnesses?

You alone will determine the weight

that the testimony ofeach witness is

to be given. How can you tell ifsome-

suspect, not imlike the 1,200 Muslims

after 9-11, bail can be refused and
imprisonment indefinite even without
charges. Simply labeling someone a

(MAKE THE lURORS

Educating thejury:

when someone is arrested as a terrorist

me?

. .

Ladies and gentlemen, while sitting

here, did any ofyou have any questions

terrorist trumps the most fundamental

principle ofAmerican jurisprudence-the

presumption ofinnocence. Prisoners will
be required to prove innocence. Difficult
to say the least, given that there is no
process in place to make the challenge
to detention. Even Habeas Corpus is to

be cast aside notwithstanding 600 years

of historical protection.

This is where Justice Antonin Scalia

may be remembered for his words as the

warning
for the year 2003, when he said,
me"? Ladies and gentlemen, suppose "The very core ofliberty secured by our
I leave the decision to you. Do you Anglo-Saxon system ofseparated powers

that you said, "I hope he doesn't ask

know of any reason that I have not

asked you about why you could not

be afair and impartial juror for both
sides in this case?

hasljeen freedom from indefinite impris

onment at the will of the Executive."
Something to think about.

When arbitrary imprisonment be

gins, protections of law end. ^

THANK YOU! SSl

Richard LRose,.h,umr,s an nnorneyu'ho ha, been

concentreson rrial, appeUareandpostcono.cr.on

^
71ir.uUofconoicredi..di.nduaUonappeal.n^
had been senrenced ro life in.pr.sonmenr

represenredLionelTare, rheyoangesrchildin rheonnrry^

He has handledam..lrir.,de ofhigh profile appellare. codand

VrZrVg.,.ia
Unioersiry.nop
.oherehecon.pleredh.s
Ph.D.ana Clinical unecro
at west V g
lj(> became the President

clinical &Forensic
Insrimre
and .rs subs.d.a.y
;nrludin(T
the nuisimurn
security ,i