Free Proposed Voir Dire - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona EMORY T. HURLEY Assistant United States Attorney Arizona State Bar No. 014812 Two Renaissance Square 40 N. Central Ave., Ste. 1200 Phoenix, Arizona 85004-4408 Telephone: (602) 514-7500 [email protected]

UNITED STATES DISTRICT COURT
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DISTRICT OF ARIZONA
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United States of America, CR-04-872-PHX-DGC Plaintiff, JOINT VOIR DIRE QUESTIONS v. Antonio Hernandez-Rivera, and Jorge Avena-Pardo, Defendants. The United States of America and the defendant, through undersigned counsel, pursuant to Federal Rules of Criminal Procedure 24(a), submit the following proposed voir dire questions to the Court and respectfully requests the Court ask these questions of prospective jurors in this case, along with the standard questions the Court uses in criminal cases. GOVERNMENT'S PROPOSED QUESTIONS 1. Have you, or anyone close to you, been arrested or charged with a crime,

other than a minor traffic violation? If yes, describe the nature of the charge and the outcome of the case? Was there anything about this situation which would affect your ability to be a fair and impartial juror? Please explain. 2. Have you, or anyone close to you, been involved in any litigation, or

disputes, with the U.S. Government, or one of its agencies? If yes, please explain.

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3.

Have you, or anyone close to you, been employed by or had any dealings

with the Immigration and Naturalization Service, U.S. Border Patrol, or the Immigration and Customs Enforcement? If yes, please explain. 4. Do you have any particular knowledge about, or interest in the Immigration

Laws of this country? If yes, please explain. 5. The defendant is Spanish speaking. Will that in any way affect your ability

to be a fair and impartial juror? If yes, please explain. 6. The defendant in this case is charged with hostage taking; carrying, using,

or brandishing a firearm during and in relation to a crime of violence; and harboring illegal aliens. Is there anything about these charges that would affect your ability to be a fair and impartial juror? If yes, please explain. 7. Do you have any personal preference, bias, or prejudice concerning

prosecutors, law enforcement agencies in general, criminal defendants or defense lawyers that would tend to make you favor or disfavor either the prosecution or the defense in a criminal case? If yes, please explain. 8. Do you, or a family member or close friend belong to or support any

organization or group that advocates that a juror can ignore the instructions of law given to the jury by the court? If yes, please explain. 9. Do you have any beliefs that would affect your willingness to follow the

instructions of law given by the Court? If yes, please explain. 10. 11. Has anyone on the panel had any training or education in law? Does anyone on the panel believe the judicial system in general is unfair?

If "yes", please explain why. Would these feelings prevent you from being fair and impartial in this case?

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DEFENDANT HERNANDEZ-RIVERA'S PROPOSED QUESTIONS Any member of the jury panel employed in a law enforcement capacity? If so, in what capacity? 1. Any member of the panel in the past ever been employed in a law enforcement capacity? If so in what capacity? 2. Any relatives or close friends employed in a law enforcement capacity? If so, in what capacity? 3. 4. Any members of the panel work for the government? If so, in what capacity? Any members of the panel ever study law? If so, when and exactly was it that you studied? 5. 6. 7. 8. 9. 10. 11. How many of you have previously served on a criminal trial? What type of criminal trial was it? What was your verdict? How many of you have previously served on a civil trial? What type of civil trial was it? What was your verdict? Is there anyone who belongs to any type of crime prevention club or organization? If so, what is the nature of it? 12. Do any of you feel that a law enforcement officer is more believable as a witness simply because he is a law enforcement officer?

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13.

In a criminal case a defendant is presumed to be innocent and he has no burden to prove his innocence. The burden is upon the government to prove the defendant guilty beyond a reasonable doubt. Is there anyone who cannot accept this basic concept?

14.

Is there anyone who feels that when a defendant is charged with a criminal offense, that he must prove his innocence?

15.

In a criminal case a defendant does not have to testify because he has no burden and because the constitution says he does not have to. Is there anyone on the jury panel who feels that if a defendant does not testify, he must be guilty?

16.

If the defendant does not testify in this case, which he has a right to do, will anyone on the panel hold that against the defendant?

17.

Is there anyone on the panel who feels that because the defendant has been charged with a crime that he must be guilty?

18.

Is there anyone who for any reason feels that he or she could not be fair to the defendant and give him a fair trial to which he is entitled to?

19.

Does anyone on the panel take issue with the law that says that a defendant is presumed innocent and that the burden of proof is upon the government to prove the defendant guilty beyond a reasonable doubt?

20.

If the government fails to prove the defendant guilty beyond a reasonable doubt, will anyone hesitate to bring in a verdict of not guilty? HISPANIC DEFENDANT
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1.

The defendant is a Hispanic. The fact that the defendant is Hispanic, will that in anyway affect your ability to be fair and impartial towards the defendant?

2.

Without going into the details, is there anyone who has had a bad experience in the past that involved a Hispanic individual?

3.

Without telling us what that experience was, would that bad experience affect your ability in this case to be fair an impartial to the defendant?

4.

Again, without going into the details, is there anyone who has had a family member or close friend who has had a bad experience in the past that involved a Hispanic individual?

5.

Would that knowledge in any way affect your ability to fair and impartial to the defendant in this case?

6.

Without telling us the experience, is there anything on the panel who, in the past, has had some experience or knows of some experience involving a Hispanic, that you think might affect your ability to be fair and impartial to the defendant in this case? IMMIGRATION CASE

1.

The defendant is accused of transporting and harboring illegal aliens. Is there anything about the nature of the charge that would make it difficult for you to sit as a fair and impartial juror in this case?

2.

Do any of you have any strong feelings about the immigration laws as it pertains to illegal aliens?

3.

If so, would you please share those feelings with us.
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Respectfully submitted this 23rd day of November, 2005. PAUL K. CHARLTON United States Attorney District of Arizona /s/ JASON LEONARD Counsel for Defendant Jorge Avena-Pardo /s/ EMORY T. HURLEY Assistant U.S. Attorney

/s/ DAVID OCHOA Counsel for Defendant Antonio Hernandez-Rivera

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