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From: [a--n] at [maroon.tc.umn.edu] (Alan L Nelson)
Subject: Re: Questions asked to jurors
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Date: Fri, 17 Jun 1994 03:05:37 GMT
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In <[CrICu 9 Dt 5] at [tridom.com]> [a--y] at [eng.tridom.com] (Andrew P. Klenzak) writes:

As a licensed, but non-practicing attorney, I have a few responses to
A.P. Lenzak's post.  Most of the original post is included for clarity,
sorry for the length.

At first exposure, most of the following questions ARE meaningless.  But
please remember, the purpose of *most* questions are to determine if
you are the type of person who is subject to quick biases, or if you are
likely to have a single-cause mentality.  The general goal for attorneys
is to find open-minded individuals who aren't likely to pre-judge the
defendant.

My direct comments follow each question below.

>In the Spring 1994 FIJActivist (#15) there is an article from the
>Austin American-Statesman (May 8th, 1994, pg C6) about Dianna
>Brandborg, a potential juror in a capital murder trial.  She's
>a 48 year old office manager who refused to answer a dozen of the
>100 questions asked in the juror questionnaire she was instructed 
>to complete/fill out.  The judge promptly sentenced her to 3
>days in jail for contempt of court.

>Some of the questions/info asked included:

>Name, age, address, telephone number, birthplace.

Telephone number?  That a new one to me.  The rest are just to verify
eligibility to be a juror in that county.

>Place of employment, job desc., occupation for past 10 years.

Conflict of interest issue.

>Marital status, spouse and children info

To me: irrelevant.  To some, it is a measure fo whether you can "identify"
with the defendant's own background.  This is usually a ploy by counsel to
refine and hone their summation argument directed towards your position in the
community. 

>Religious prefrence, name and location of church, past or
>present church offices held.

Identifies whether religion will bias your objective understanding of the
case.  Also, maybe the trial will have religious overtones?  Also, see the
summation discussion above.

>Military service, if any.

Irrelevant to me.

>What kind of vehicle do you drive? your spouse?

Some personalities are revealed through their choice of transportation.
Compare a motorcycle rider, avowed bicyclist, ferrari, dodge caravan, and
hearse owner.  See the difference?

>Do you have any bumper stickers on your car?  describe.

Identifies single-issue metalities.  Reveals extroverts vs. introverts.
Consider Greatful dead, NRA, abortion, gas/grass/ass, NORML, GREENPEACE, 
and Who Shot JR bumperstickers.

>To what civic clubs, societies, professional assoc.
>or other organizations do you belong?

Conflict of interest issues.  Biases.  Consider Jaycees, KKK, ACLU, 700 club,
ACT-UP, grey panthers, or Hell's Angels.

>Do you contribute services or financially to any charitable
>organization?

Special interests?  Those who donate time/money to causes are generally felt
to be more "dedicated" to a cause then those who just identify with the 
organizational goals.  Consider card carrying memebers of the ACLU, NRA,
operation rescue, Sein Fein (sp?), or re-elect Marion Barry supporters.


>What are your hobbies or favorite recreations?

Introvet/extrovert question.

>What television programs do you regularly watch, if any?

>What newspapers do you read? what sections do you read 
>regularly?

Pre-exposure to defendant, prosecutor, police, victim, etc...

>What is your political preference?

To me: irrelevant.

>Have you ever read books dealing with psychology or psychiatry?
>[Hmm...would sci.psychology count? --Andy]

What type of defense is being raised?  May be raised?  Diminished
capacity?  Temporary Illness?  PMS syndrom?  Post Traumatic Stress syndrom?

>Do you support laws that would restrict gun ownership or
>possession?

You did say this was a capital muder charge right?  I think this one is
self evident.

>Are you or your spouse connected to law enforcement in 
>any way?

Any prejudices?  Undue influence may be exerted BY THE JUROR to support
LEOs testimony.

>Have you ever written a letter to the editor or called a
>radio talk show?  describe.

Are you a rational person?  thoughtful?  Easily manipulated?  Quick to
chose sides in an issue?

>List 5 men and 5 women who are publicly known and who
>you most respect?

Do you identify with the prosecutor or with me?  Are you an outlaw or
a church going prude?

>How do you feel about the death penalty?

Self evident.

>-----------------

>Ugh.  How disgustingly irrelevant most of these are!!!!

>At any rate, the article relates that Dianna got a temporary
>stay of her jail sentence by the Texas Court of Criminal Appeals,
>and she was freed on $100 bond.  Her case is still pending.

>Andy

Ask yourself what type of questions SHOULD be asked?  Please, I'd be
interested to know what you'd ask.

Sure, these are irrelevant to most people, but how do you find out about
single minded activists, LEO supporters, repressed hostility, etc UNLESS
you ask?  The questions are directed towards those with benign answers, it
is directed to finding those with built-in prejudices.

-Al