Free Proposed Voir Dire - District Court of Arizona - Arizona

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA CONFIDENTIAL JUROR QUESTIONNAIRE Statement of the case: STATEM ENT OF THE CASE The Plaintiff alleges that on November 28, 2001, she was to be transported from one facility in New Mexico to another in Texas. However, in the process, she was placed overnight into the Cental Arizona Detention Center in Florence, Arizona owned and operated by the defendant Corrections Corporation of America. Cheryl Allred alleges that during her stay at the prison, the defendants left her alone and unprotected and while the defendants left her alone and unprotected at least two roving, unrestrained, worker prisoners raped her. Cheryl Allred alleges that the prisoners forced her to face a wall and raped her vaginally from behind at least three times. Cheryl Allred filed this lawsuit against the defendants for allowing this rape to happen to her. Defendant Corrections Corporation of America ("CCA) denies that it acted negligently in taking reasonable measures to protect inmate Cheryl Allred from inmate upon inmate sexual assault. On November 28, 2001, Plaintiff was housed at overnight at CCA's Central Arizona Detention Center by order of the U.S. Marshals Service. The Marshals ordered CCA to house inmate Cheryl Allred on isolation status. Defendants allege that in accordance with CCA policy which provides that female inmates are never housed with male inmates, during the intake process in the Receiving and Discharge Unit, Plaintiff was housed alone in a shower cell used specifically for isolation issues. Defendants allege that Plaintiff was processed into the Receiving and Discharge Unit of the prison at approximately 7:20 p.m. After her approximately 20 minute stay in Receiving and Discharge, in which an officer was within ten feet of her cell at all times, Plaintiff was escorted by a female correctional officer to the Medical Unit. Defendants allege that Plaintiff was thereafter housed in a medical isolation cell, under regular observation by female correctional officers, until the next morning when she left the facility at approximately 5:20 a.m. Defendants allege there is no dispute that Plaintiff did not report to any CCA personnel that she had been raped. Defendants also allege that Plaintiff did not report that any wrongdoing had occurred while in CCA custody until a week after the alleged rape occurred, while incarcerated at a federal prison in Texas. Defendants allege that Plaintiff's subsequent reports of the alleged rape made to various individuals including medical providers, mental health providers and United States officials have varied considerably. Defendant CCA maintains that the alleged rape could not have occurred.

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HAS ANYONE READ OR HEARD ANYTHING ABOUT THE FACTS OF THIS CASE? ____________________________________________________________ GIVEN THIS BRIEF RECITATION OF FACTS, IS THERE ANYTHING ABOUT THESE CIRCUMSTANCES THAT WOULD CAUSE YOU TO BELIEVE THAT YOU COULD NOT CONSIDER THE EVIDENCE FAIRLY, IMPARTIALLY, AND ACCORDING TO THE LAW?_ ____________________________________________________________

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FULL NAME: ____________________________________________________________ (Last) (First)

4. 5. 6.

AGE: _______________________________________________________ COMPLETE ADDRESS:___________________________________________ WHERE DO YOU WORK? (If retired, where did you work just before you retired?) ____________________________________________________________

7.

WHAT KIND OF WORK DO YOU DO? (If retired, what was the last kind of work you did?) ____________________________________________________________ WHAT IS OR WAS YOUR JOB TITLE? ____________________________________________________________

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WHAT DO OR DID YOU LIKE MOST ABOUT YOUR JOB? WHAT DO OR DID YOU LIKE LEAST? ____________________________________________________________

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PLEASE STATE ANY OTHER JOBS YOU HAVE HAD IN THE LAST FIVE YEARS: ____________________________________________________________ WHAT LEVEL OF SCHOOL DID YOU REACH? DESCRIBE ANY DEGREES YOU HAVE RECEIVED. ____________________________________________________________

11.

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12.

ARE YOU MARRIED? (If yes, what kind of work does your spouse do? If he/she is retired, what kind of work did he/she do prior to retirement?) ____________________________________________________________

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IF YOU HAVE CHILDREN, PLEASE STATE THEIR AGES AND IF THEY WORK WHAT IS THE OCCUPATION OF EACH. ____________________________________________________________

14. 15.

WHO ARE THE MEMBERS OF YOUR HOUSEHOLD? WHAT DO THEY DO [OCCUPATION]?_______________________________________________ HAVE YOU EVER SERVED IN THE MILITARY? IF YES, WHICH BRANCH AND FOR HOW LONG? ____________________________________________________________

16.

HAVE YOU EVER SERVED ON A JURY BEFORE? IF YES, PLEASE STATE THE TYPE OF CASE, WHETHER IT WAS IN STATE OR FEDERAL COURT, WHETHER A VERDICT WAS REACHED AND, WITHOUT STATING WHAT YOUR VERDICT WAS, WHAT WAS THE VERDICT OF THE JURY? IS THERE ANYTHING AT ALL IN YOUR PREVIOUS JURY SERVICE THAT WOULD INFLUENCE YOU IN DECIDING THE ISSUES IN THIS CASE? ____________________________________________________________

17.

HAVE YOU EVER SERVED ON A GRAND JURY? WHEN? DID YOU ENJOY ____________________________________________________________

18.

HAVE YOU OR ANY MEMBER OF YOUR FAMILY OR ANY CLOSE FRIEND EVER BEEN A PLAINTIFF OR A DEFENDANT IN A STATE OR FEDERAL COURT CASE? IF YES, WHAT KIND OF CASE? AND WHAT DID IT INVOLVE? IS THERE ANYTHING ABOUT THAT EXPERIENCE THAT WOULD PREVENT YOU FROM ACTING AS A FAIR AND IMPARTIAL JUROR IN THIS CASE? ____________________________________________________________

19.

WHAT DO YOU DO IN YOUR SPARE TIME? ____________________________________________________________

20. 21.

WHAT NEWSPAPERS AND MAGAZINES DO YOU READ REGULARLY ____________________________________________________________ WHAT WAS THE LAST BOOK YOU READ? ____________________________________________________________

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IF YOU WATCH TELEVISION, WHAT SHOWS DO YOU WATCH REGULARLY? ____________________________________________________________

23.

IF YOU HAVE BUMPER STICKERS ON YOUR CAR STATE THE CONTENT OF THEM. ____________________________________________________________ IF YOU BELONG TO CIVIC, SOCIAL, FRATERNAL, UNION OR PROFESSIONAL ORGANIZATIONS, PLEASE STATE WHICH ONES. ____________________________________________________________

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25.

NAME A FAMOUS PERSON AND/OR A PERSON WHO HAS MADE A SIGNIFICANT CONTRIBUTION TO YOUR LIFE, DEAD OR ALIVE, THAT YOU MOST ADMIRE AND STATE WHY? ____________________________________________________________

26.

IF YOU COULD DO ANYTHING IN THE WORLD TODAY, OTHER THAN JURY DUTY, WHAT WOULD IT BE? ____________________________________________________________

27.

DO YOU UNDERSTAND THAT THIS IS A CIVIL CASE? THIS MEANS THAT IT IS A CIVIL DISPUTE RATHER THAN A CRIMINAL PROSECUTION. ____________________________________________________________

28.

DO YOU UNDERSTAND THAT THE BURDEN OF PROOF IN A CIVIL CASE IS DIFFERENT FROM THAT IN A CRIMINAL CASE? THIS MEANS THAT THE PARTY THAT MUST PROVE SOMETHING TO YOU, AS JURORS, MUST DO SO BY A PREPONDERANCE OF THE EVIDENCE, NOT BEYOND A REASONABLE DOUBT. ____________________________________________________________ DO YOU UNDERSTAND THAT THE ROLE OF THE JURY IS TO BE THE "JUDGE" OF THE DISPUTED FACTS IN THE CASE? THIS MEANS THAT EACH JUROR MUST LISTEN TO THE EVIDENCE ADMITTED IN COURT AND DECIDE THE RELATIVE VALUE OF THAT EVIDENCE TO RESOLVE QUESTIONS THAT WILL BE PRESENTED TO THE JURY AT THE CONCLUSION OF THE EVIDENCE. ____________________________________________________________

29.

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DO YOU UNDERSTAND THAT THE PARTIES ARE ENTITLED TO PROVE FACTS BY CIRCUMSTANTIAL EVIDENCE? THIS MEANS, FOR EXAMPLE, THE TESTIMONY BY A WITNESS WHO OBSERVED A WET UMBRELLA AT THE FRONT DOOR OF A HOME MAY BE SUFFICIENT TO PROVE THAT IT WAS RAINING OUTSIDE, EVEN THOUGH THERE IS NO TESTIMONY THAT ANYONE LOOKED OR WENT OUTSIDE TO SEE WHETHER IT WAS RAINING. ____________________________________________________________

31.

ARE YOU ABLE TO AWARD A CERTAIN SUM OF MONEY TO THE PLAINTIFF IF WARRANTED BY THE EVIDENCE? ____________________________________________________________ IF A PERSON IS INJURED, SHOULD HE OR SHE BE COMPENSATED FOR PAIN AND SUFFERING?_________________________________________ DEFENDANTS OBJECT TO THIS QUESTION AS BING INAPPROPRIATE FOR VOIR DIRE, NON-NEUTRAL AND PREJUDICIAL TO DEFENDANTS. ____________________________________________________________

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HOW DO YOU PUT A VALUE ON PAIN AND SUFFERING?_______________ DEFENDANTS OBJECT TO THIS QUESTION AS BEING INAPPROPRIATE FOR VOIR DIRE, NON-NEUTRAL AND PREJUDICIAL TO DEFENDANTS. ____________________________________________________________

34.

HOW DO YOU COMPENSATE SOMEONE FOR PAIN AND SUFFERING? ____________________________________________________________ DEFENDANTS OBJECT TO THIS QUESTION AS BEING INAPPROPRIATE FOR VOIR DIRE, NON-NEUTRAL AND PREJUDICIAL TO DEFENDANTS. ____________________________________________________________

35.

LITIGANTS ARE ENTITLED TO HAVE THEIR CASE HEARD BY A JURY THAT IS FAIR AND IMPARTIAL. DO YOU UNDERSTAND THAT BEING A FAIR AND IMPARTIAL JUROR MEANS THAT A PERSON DOES NOT HAVE SPECIAL FEELINGS OR SPECIAL KNOWLEDGE ABOUT AN ISSUE IN THE CASE OR ABOUT THE CASE ITSELF THAT PREVENTS THAT PERSON FROM TREATING BOTH SIDES OF THE DISPUTE THE SAME BEFORE HEARING ANY EVIDENCE? FOR EXAMPLE, SOMEONE WHO LOST A CHILD IN AN ACCIDENT INVOLVING A DRUNK DRIVER MIGHT HAVE DIFFICULTY BEING A JUROR IN AN AUTOMOBILE COLLISION CASE IN WHICH ONE PARTY ALLEGED THE OTHER WAS INTOXICATED. ____________________________________________________________

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36.

DO YOU UNDERSTAND THAT A JURY SELECTION PROCESS IS THE SOLE OPPORTUNITY THAT THE LITIGANTS WILL HAVE TO LEARN IF YOU HAVE HAD EXPERIENCES OR HAVE FEELING OR KNOWLEDGE THAT MAY INFLUENCE HOW YOU VIEW THE EVIDENCE IN THIS CASE? ____________________________________________________________

37.

DO YOU RECOGNIZE ANY OF THE ATTORNEYS WHO ARE HERE? __________________________________________________________ THE FOLLOWING ARE POTENTIAL WITNESSES IN THS CASE. DO YOU KNOW, OR DO YOU THINK YOU KNOW, ANY OF THESE PEOPLE? ____________________________________________________________ DO YOU KNOW ANYONE ELSE ON THE JURY PANEL? ____________________________________________________________ HAVE YOU, OR ANYONE CLOSE TO YOU, OR ANY MEMBER OF YOUR FAMILY EVER WORKED FOR CORRECTIONS CORPORATION OF AMERICA? ____________________________________________________________ DEFENDANTS OBJECT TO THIS QUESTION AS IT UNFAIRLY PLACES THE DEFENDANTS FINANCES AT ISSUE IN THIS CASE AND IS THEREFORE, PREJUDICED. ____________________________________________________________

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ARE YOU A MEMBER OF ANY ORGANIZATION THAT PERTAIN TO THE JUSTICE SYSTEM OR REFORM OR MODIFICATION OF THE JUSTICE SYSTEM? ____________________________________________________________

Defendant's Proposed Questions 42. HAVE YOU, ANY MEMBER OF YOUR FAMILY, OR ANY CLOSE FRIENDS EVER BEEN EMPLOYED BY A LAW ENFORCEMENT AGENCY, INCLUDING A POLICE DEPARTMENT, SHERIFF'S DEPARTMENT, JAIL, PRISON, FBI, UNITED STATES MARSHALS SERVICE, OR DEPARTMENT OF HOMELAND DEFENSE OR AS A SECURITY OFFICER? IF SO, WHEN, WHAT DEPARTMENT, WHAT WERE YOUR/HIS/HER DUTIES, WHY DID YOU/HE/SHE LEAVE THAT EMPLOYMENT? ____________________________________________________________

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43.

HAVE YOU, ANY MEMBER OF YOUR FAMILY, OR ANY CLOSE FRIENDS EVER BEEN ARRESTED OR INCARCERATED IN A CITY JAIL, COUNTY JAIL, STATE PRISON, FEDERAL PRISON, PRIVATELY OWNED CORRECTIONAL FACILITY OR ANY OTHER CORRECTIONAL INSTITUTION? IF SO, PLEASE DESCRIBE THE CIRCUMSTANCES LEADING TO THE ARREST AND/OR INCARCERATION. IS THERE ANYTHING WHICH OCCURRED DURING THE INCARCERATION THAT CAUSES YOU PARTICULARLY HARD FEELINGS AGAINST ANY DETENTION OFFICER, CORRECTIONS OFFICER, OR ANY OTHER EMPLOYEE OF THE INSTITUTION?

_______________________________________________________ 44. HAVE YOU, ANY MEMBER OF YOUR FAMILY, OR ANY CLOSE FRIENDS EVER BEEN ARRESTED OR INCARCERATED IN A CITY JAIL, COUNTY JAIL, STATE PRISON, FEDERAL PRISON, PRIVATELY OWNED CORRECTIONAL FACILITY OR ANY OTHER CORRECTIONAL INSTITUTION? IF SO, WAS THAT PERSON INJURED, ATTACKED OR OTHERWISE ASSAULTED EITHER BY FELLOW INMATES/DETAINEES OR CORRECTIONAL PERSONNEL DURING THEIR INCARCERATION? IF YES, PLEASE DESCRIBE THE CIRCUMSTANCES GIVING RISE TO THE INJURY, ATTACK OR ASSAULT. ____________________________________________________________ 45. HAVE YOU, ANY MEMBER OF YOUR FAMILY, OR CLOSE FRIENDS EVER BEEN THE VICTIM OF SEXUAL ASSAULT OR RAPE? IF SO, WHAT WERE THE CIRCUMSTANCES OF THE SEXUAL ASSAULT OR RAPE AND WERE CRIMINAL CHARGES PURSUED? DOES ANYTHING ABOUT THIS EXPERIENCE CAUSE YOU TO HAVE RESERVATIONS ABOUT SITTING AS A JUROR IN THIS CASE? ____________________________________________________________

46.

DO YOU UNDERSTAND THAT AS A JUROR IN THIS CASE, YOU WILL BE EVALUATING WHETHER THE A PRISON SUBJECTED A FEMALE INMATE TO AN UNREASONABLE RISK OF SEXUAL ASSAULT BY MALE INMATES? DO YOU HAVE ANY PARTICULAR OBJECTIONS TO THE FACT THAT CORRECTIONAL FACILITIES MAY HOUSE MALE AND FEMALE INMATES IN THE SAME FACILITY? ____________________________________________________________

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I declare, under penalty of perjury, that all answers are true and correct to the best of my knowledge. _____________________________________ Signature _____________________________________ Date

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