STATE V. ______

POTENTIAL ORAL VOIR DIRE QUESTIONS

(Note: when questions are to the group ask them to show an affirmative response by nodding their head YES and an negative response by nodding their head NO – You respond on the record by state “Affirmative response to the question by all jurors” or “All jurors but juror # ___. Then ask that juror to explain their answer) (Tell the jury that if their answer was not as you indicated in the record that they should raise their hand and let you know their response was not as indicated. At that point, you identify them by # and name, Mr. /Mrs. Smith. Ask them to explain their response)

1.Question:Introduction – The Purpose of my questions are

not to embarrass you, but to find folks who can be fair to both the defendant and the State of Indiana.

  1. Question:There is no right or wrong answer, no grades are handed out, please just answer our questions as honestly as you can. Will each of you agree to do that? (ask to see a show of hands if they agree) Keep in mind not every case is suited for every juror. There are lots of different kinds of cases needing jurors. The question is, is this case the right one for you. This is our time to find out.
  2. Question:I have never selected a jury where the first group of 6 or12 called upactually served as jurors so it is likely that several of you will be excused. Some of you may determine that this isn’t the right case for you, given your life’s experiences and beliefs. Some will be excused for cause, there are a number of legal factors that may disqualify you, and some may be excused without any reason. The law allows both the defendant and State to strike a certain number of jurors. Again it is our goal to find out if this case is suitable for you as a juror given your personal experiences and beliefs. Another kind of case without some of the issues in this case may be more suitable for you, please take no offense if you are excused. Questions about that?

Question: (Note: Turn and face the jurors not in the jury box, in the audience, and advise them that they should listen to the questions being asked; because, when they come forward you will ask them if they were listening to your questions. You will then ask them, if you need to repeat any questions, and you may ask them to respond to the questions that would have triggered an individual response from them or a response different from the group).

  1. Question:Do any jurors in the box Know Defendant, Jones?
  2. Question:Do any jurors know the Attorneys in the Court room, including the judge?
  3. Question:Do any Jurors know any of the following potential Witnesses? (Read the witness list or review their answers to the written questions if used).
  4. Question:Do any of the jurors know one another?
  5. Question:Individually cover medical Physical/medical Impairments listed on Court Questionnaire (have them explain)
  6. Question:Who thinks you might have difficulty basing your decision in this case on the evidence, apart from any feelings of sympathy or prejudice for or against either the defendant or the victim of this case?
  7. Question:Who has religious, moral or philosophical beliefs that might get in your way of voting guilty if the evidence leaves you convinced of the defendant’s guilt, (If this answer is different from written questionnaire – follow-up. Follow up with those who raise their hands).
  8. Question (when Conspiracy is charged):Who has trouble with the notion that whentwo or more people willing engage in criminal conduct that amounts to a felony, then a conspiracy or agreement in some form exists between them? Who disagrees even a little with the Indiana Legislature when they made a conspiring to commit a felony a crime?
  9. Question:In this case the Conspiracy involves the felony of (insert crime charged). Who disagrees even a little that the crime of (listed crime) as alleged in this case involves (read the charge and elements)? Who has even a little trouble d understanding the allegation? If the allegation of (crime charged) is proven to be true by the State, beyond a reasonable doubt, who might have even a little trouble convicting the defendant?
  10. Question:As you can probably imagine a potential juror who does not believe that (name crimes charged) are proper crimes could not be fair to both sides from the very beginning. So it is important that you evaluate that for yourselves, and let us know if this isn’t the right case for you now that you know what the issues are. Who has some concerns about being able to be fair to both sides given the kinds of issues that this case will present?
  11. Question:Who believes that you might have even a little difficulty for whatever reason following the Judge’s instructions when he/ she explains the law to you?
  12. Question:Who believe that maybe (name crime charged) should not be a crime in our State? (Follow-up so everyone agrees that (crime charged) should be a crime?)
  13. Question:Who here has ever been involved or knows someone, a member of your family, or close friend in a case like this? (If yes, follow up with the individual juror)
  14. Question: You will be instructed not to do your own research, investigation after hours. Who might have trouble resisting the temptation to do your own research? This includes internet research, talking to others, etc….,
  15. Question: You will be instructed to report to the bailiff circumstances where a juror is engaging in this type of conduct? Who might have trouble ratting on a fellow juror if need be?
  16. Question: The defendant is entitled to a fair trial and has a constitutional right to confront all witnesses who present evidence in this case. Who has trouble believing this aspect of the legal system?
  17. Question (If applicable):In this case you will learn that the defendant’s friend and alleged conspirator did plead guilty. All defendants have an absolute right to plead guilty if he/she elects to do so. Most of our criminal cases are resolved through guilty plea agreements. Who has trouble believing this or resolving crimes in this manner?
  18. Question: No person can be compelled by the State to testify against his or herself in a criminal proceeding. Who has trouble believing this rule in the legal system?
  19. Question (If applicable): Because we all have this right as citizens, prosecutors throughout our country often enter into agreements, like plea agreements, with defendants/conspirators to secure their cooperation and testimony in prosecuting others involved in criminal conduct. Who might have trouble considering the testimony of a co-defendant or co-conspirator in a trial against other members of the conspiracy or persons accused of criminal conduct?
  20. Question: Who tends to believe that (crime charged) is confined to any one gender or socioeconomic group, please raise your hand? Follow up with people who raise their hands.
  21. Question:You probably already know that the defendant is presumed innocent and that it is the State’s burden to prove its case beyond a reasonable doubt. Who disagrees with that rule even a little? Follow up with those who raise their hands. Okay, so the rest of you agree with that rule? Even if it’s the same rule in all criminal cases that are prosecuted in our State, no matter what the crime?
  22. Question: All defendants in our country have a constitutional right not to testify. Who disagrees with or has concerns about that rule, even a little? Follow up with those who raise their hands.
  23. Question:Who would have a hard time if the defendant elects not to testify or present any evidence, not holding that fact against him/her?
  24. Question: The role of a jury is to determine the truth of the allegation. Who has some concerns about taking on that responsibility?
  25. Question: Penalty is decided by the judge after a conviction. The penalty is determined by the Court from a broad range of possibilities. The Legislature has relieved jurors from the burden of determining penalty, and it is improper for you to consider potential penalties when you make your determination of Guilt or innocence. Who would have a hard time not considering penalties in determining guilt or innocence?
  26. Question (if applicable): Sympathy or weakness to pressure from a co-conspirator is not a defense. Who might have even a little trouble leaving sympathy or weaknesses out of your considerations?
  27. Question: Reasonable Doubt. Who might have even a little trouble following the Judge’s instruction as he/she explains the meaning of reasonable doubt?
  28. Question: The State is not required to prove anything to an absolute certainty. Some people think that makes it too easy for the State and too hard for the defendant? Which way do you tend to lean? Raise your hands if you tend to believe that makes it too easy for the State?
  29. Question: The State’s burden of proof only applies to the elements of the crimes. The elements will be explained to you by the Judge, an example of a fact that is not an element, the State does not have to prove the date of the offense beyond a reasonable doubt so the State will focus most of its time and presentation of evidence on the elements of each offense charged. Who has concerns about that?
  30. Question: The Court will tell you that you may discuss the evidence that has been presented as we go along, and before all of the evidence is presented. Your job is still to keep an open mind and not make your final decision until all of the evidence is presented to you in this case. Who has concerns that you might not be able to keep an open mind until you hear all the evidence?
  31. Question: It is your job is to listen to the testimony, resolve conflicts, if any, and decide whether you are firmly convinced that the allegations against the defendant are proven. Who is concerned that you may not be able to do this job for whatever reason?
  32. Question: The good news is that you do not have to do that alone. In our system of justice the founding fathers decided that 12 people make a better decision than 1. Your job as jurors involves listening to your fellow jurors and making up your mind only after you have objectively considered the Courts instructions, evidence, and input from your fellow jurors. Who has concerns about performing that task?
  33. Question: Being a juror is a little like being back in School as a student, you were in class with your classmates, and you all took exams. I am sure you all did not get the same grade. That is because we all learn and observe differently, some are better listeners, some are better watchers, some read and retain information better; as a consequence, it is really important that jurors listen to one another and openly discuss this case before making decision as to the guilt of the defendant. Who believes for whatever reason that this may not be the job for you?
  34. Question: Who believes that 1 person makes better decisions that 12?
  35. Question: It is required by the law that you all deliberate, I know of cases where a particular juror refused to deliberate with their fellow jurors – obviously, when this happens it train-wrecks the process. If a juror refuses to deliberate it is your job as jurors to report this circumstance to the bailiff, so that the Court may consider replacing that juror with an alternate. Concerns about that responsibility?
  36. Question: When you found out you might be a juror in this case, what was the first thing that came to your mind?
  37. Question: Is there anything else I have not asked about or you want to say that we have not covered?

41. Question: Is there anything about you that I have not asked that you think we need to know in determining whether you are a good juror for this case?

  1. Question:

1