Author Topic: Day One Thoughts: June 10, 2013  (Read 4048 times)

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Offline TalkLeft

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Day One Thoughts: June 10, 2013
« on: June 09, 2013, 09:06:05 PM »
Thread for thoughts on day one Jury selection.

Offline unitron

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Re: Day One Thoughts: June 10, 2013
« Reply #1 on: June 09, 2013, 11:37:26 PM »
My thought is that I'm very grateful that I'm not going to be on that jury.

Offline DebFrmHell

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Re: Day One Thoughts: June 10, 2013
« Reply #2 on: June 09, 2013, 11:54:42 PM »
Jeralyn,

If you could ask five questions to potential jurors, what would they be?  I would like to get a feel for the kind of questions that would earn positive thoughts from the Defense.

If you are feeling feisty, maybe five questions from the State?  Remember, no swearing...   ;)

Offline nomatter_nevermind

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Re: Day One Thoughts: June 10, 2013
« Reply #3 on: June 10, 2013, 12:01:43 AM »
I'd be happy to serve on that jury, except for one thing. I'm disqualified, quite properly IMO, by my level of interest in media coverage of the case.

I've never served on a jury. The one time I was called, they were overbooked and sent me right home. It's an experience I would like to have.

Offline TalkLeft

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Re: Day One Thoughts: June 10, 2013
« Reply #4 on: June 10, 2013, 12:36:22 AM »
I don't have any specific questions in mind. The key is to ask open-ended questions so the jurors reveal more of themselves. (Avoid questions that can be answered yes or no.) You aren't looking for good jurors as much as you are trying to identify and get rid of the bad ones.  Getting a bad answer isn't always fatal, sometimes the juror can be "rehabilitated" with further questions that actually educate the whole jury pool.

I imagine both sides will be using jury consultants. The lawyers get to read the jurors' questionnaires (with their consultants) before individual questioning begins. They will be doing background checks on them via computer. They probably will have a pretty good idea before the questioning even starts which are really bad and which might be okay. They will also tailor their questions to what they wrote on the questionaires to some extent.

Offline DebFrmHell

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Re: Day One Thoughts: June 10, 2013
« Reply #5 on: June 10, 2013, 12:54:22 AM »
I don't have any specific questions in mind. The key is to ask open-ended questions so the jurors reveal more of themselves. (Avoid questions that can be answered yes or no.) You aren't looking for good jurors as much as you are trying to identify and get rid of the bad ones.  Getting a bad answer isn't always fatal, sometimes the juror can be "rehabilitated" with further questions that actually educate the whole jury pool.

I imagine both sides will be using jury consultants. The lawyers get to read the jurors' questionnaires (with their consultants) before individual questioning begins. They will be doing background checks on them via computer. They probably will have a pretty good idea before the questioning even starts which are really bad and which might be okay. They will also tailor their questions to what they wrote on the questionaires to some extent.

Does Judge Nelson really have the last word on questions for jurors?  Both State and Defense submit theirs and she has final say?  I am confused about that.

Offline TalkLeft

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Re: Day One Thoughts: June 10, 2013
« Reply #6 on: June 10, 2013, 01:04:20 AM »
No, both sides submit written questionaires to the court for submission to potential jurors. The judge makes the final questionnaire. The jurors will fill them out at the courthouse. The judge will start the oral questioning with some basics but both sides get to ask their own oral questions. They don't have to submit those in advance, although one side or the other might object to a certain question and the judge would rule.

What is unknown is whether she will put time limits on the lawyers as to how long they can question each juror.

Federal juries are usually picked in a day, since individual voir dire is non-existent or limited (sometimes to 10 minutes.) State juries can take weeks to pick.
« Last Edit: June 10, 2013, 09:13:27 AM by TalkLeft »

Offline nomatter_nevermind

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Re: Day One Thoughts: June 10, 2013
« Reply #7 on: June 10, 2013, 01:23:07 AM »
Does anyone remember hearing Judge Nelson say how many alternates there will be? I've seen conflicting accounts in the media. Some say two, some say four.

Offline nomatter_nevermind

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Re: Day One Thoughts: June 10, 2013
« Reply #8 on: June 10, 2013, 01:51:19 AM »
Rules for jury selection are in Part IX of the Florida Rules of Criminal Procedure.

The rules do not require any alternates. Whether to have alternates at all is at the discretion of the judge.

Offline unitron

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Re: Day One Thoughts: June 10, 2013
« Reply #9 on: June 10, 2013, 04:20:00 AM »
I thought Nelson said, much to everyone's surprise, that she would be writing the questionaire, when the defense suggested meeting in chambers with her and the prosecution to discuss what would go on it.

Offline cboldt

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Re: Day One Thoughts: June 10, 2013
« Reply #10 on: June 10, 2013, 04:31:46 AM »
Does Judge Nelson really have the last word on questions for jurors?  Both State and Defense submit theirs and she has final say?  I am confused about that.

You may be conflating the written questionnaire with oral questioning by the state and the defense.  The written questionnaire is the province of the court.  It is free to solicit input from the parties, but has no obligation to do so.

Oral examination is not limited to subjects on the written questionnaire.

Offline cboldt

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Re: Day One Thoughts: June 10, 2013
« Reply #11 on: June 10, 2013, 04:35:25 AM »
I thought Nelson said, much to everyone's surprise, that she would be writing the questionaire, when the defense suggested meeting in chambers with her and the prosecution to discuss what would go on it.

Even more surprise when she said there would be no meeting, no hearing, and that everybody would see the final list of written questions when the jury selection process started.  I think these questions are fairly standard, but haven't viewed the questionnaires at this link . . .

The Florida Jury Selection Blog - Sample Questionnaires

Offline nomatter_nevermind

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Re: Day One Thoughts: June 10, 2013
« Reply #12 on: June 10, 2013, 06:29:27 AM »
ClickOrlando has begun live feed. I see a guy sitting on one of the spectator benches, and another in the background fussing with equipment.

ETA: Test pattern and an ear-splitting beep. I muted the audio.

ETA2: Empty chairs. I turned the volume up, but there's no audio. Come to think of it, I don't think I heard anything before the test pattern either.

ETA3: Camera panning. Looks like reporters fussing with equipment, others talking to each other, or standing around.
« Last Edit: June 10, 2013, 06:36:19 AM by nomatter_nevermind »

Offline Kyreth

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Re: Day One Thoughts: June 10, 2013
« Reply #13 on: June 10, 2013, 06:42:26 AM »
I think a very important jury question is something like: How much weight would you give to your determination that the defendant lied about certain things that happened in deciding if he is guilty beyond a reasonable doubt of the charges?

From the standpoint of the defense, I would prefer jurors that say, "It all depends what he lied about".

I can't imagine why the Defense would do that when it would be easy enough to argue there was no attempt of deception by George.

Offline nomatter_nevermind

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Re: Day One Thoughts: June 10, 2013
« Reply #14 on: June 10, 2013, 06:48:44 AM »

Because Zimmerman is charged with a life felony, each party will have ten peremptory challenges for the regular jurors. When the alternates are chosen, each party gets one peremptory challenge for each alternate. More peremptory challenges may be allowed at the judge's discretion. (Rule 3.350)

I don't think there is any limit on challenges for cause. The rules don't say that explicitly, but they don't mention any such limit.


 

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