Articles Posted in Voir Dire

The JuryIn a criminal case, it might be easy to assume that the outcome of the case will be a result of what takes place during the trial. The reality of criminal trials is more complicated than that. A favorable or unfavorable outcome often has a lot to do with who is on the jury, rather than just which evidence is placed before those jurors. The careful execution of questioning jurors and excluding those who might make for poor fits is a vital part of your defense. In the case of one man facing attempted murder charges, an error by a judge in not allowing the defense to ask potential jurors a particular question resulted in a reversal of his conviction by the Court of Special Appeals.

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hammer-to-fall-1223606 (1)Voir dire, the process by which prospective jurors are questioned and examined to determine whether grounds for disqualification exist, is a significant part of any jury trial. Most states, like Maryland, have rules that govern this phase of a criminal trial in order to ensure that a fair and impartial jury is ultimately impaneled in accordance with the Sixth Amendment of the United States Constitution. When a court finds error during this segment of a criminal prosecution, any ultimate conviction may be overturned. For this reason alone, if you have been arrested or charged with a crime, it is vitally important to protect your legal rights as vigorously as possible. An experienced Maryland criminal defense attorney could evaluate your case with an eye to preparing the best possible defense under the circumstances.

In a recent criminal case, the defendant was charged with illegal possession of a regulated firearm and later convicted after a jury trial. The defendant appealed the conviction, raising several arguments, including whether the trial court erred in refusing to ask, during voir dire, the “police witness” questions. In this case, the defendant’s counsel submitted certain voir dire questions to be asked of the prospective jurors. Included among these items were two questions relating to police officer testimony. It is important to take note that most of the evidence presented in this case against the defendant was comprised of police officer testimony.

Essentially, counsel requested that the judge ask the prospective jurors whether they would be more or less likely to believe a police officer or deputy solely because he is an officer or deputy, and whether they would be more likely to believe the testimony of a police officer or deputy as opposed to the accused. The trial court failed to ask these two questions, and at the conclusion of the questions for the whole jury pool, the judge asked defense counsel and the prosecution if they had any issues to address. Defense counsel responded “no.” Later, during additional questioning of the remaining potential jurors (prior to the selection of a panel), the defendant’s counsel requested that the police witness questions be asked. The trial court denied the request.

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hammer-to-fall-1223606In any criminal trial, the makeup of the jury is a critical component of a fair proceeding. Voir dire is the process by which trial attorneys have an opportunity to select or reject potential jurors. There are many rules associated with this process, the outcome of which can have a dramatic impact on the jury’s approach to a case. Maryland courts have described the sole purpose of voir dire as an attempt to ensure a fair and impartial jury by examining whether there is a specific cause for disqualification. The law provides some guidance in this area and should be consulted when selecting jurors for a case. If you have been arrested or charged with a crime, it is extremely important to reach out to an experienced Maryland criminal defense attorney, someone with a knowledge of the laws affecting such cases.

When the jury selection process begins, counsel for each side typically sets forth certain questions to be asked of each potential juror for the purpose of eliciting responses that would reveal grounds for disqualification. In Maryland, courts have identified two broad areas of inquiry that could expose a ground for such disqualification:  1) questions to determine whether the prospective juror meets the minimum statutory qualifications for jury service, and 2) questions aimed at revealing the potential juror’s state of mind with respect to the subject matter of the trial or any other matter likely to have undue influence over him or her.

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