ICJI 003

ICJI 003 SUGGESTED VOIR DIRE QUESTIONS

1. You have heard the charge made in the information against the defendant.

Other than what I have told you, do any of you know anything about this case, either through your own personal knowledge, by discussion with anyone else or from radio, television or newspapers?

SUGGESTED FOLLOW UP QUESTIONS WHERE THERE IS KNOWLEDGE OF THE CHARGE:

Do you have a state of mind with reference to the charges against this defendant which would in any way prevent you from acting with impartiality?

Do you feel that you can eliminate and disregard everything that you have heard or read pertaining to this case and render an impartial verdict based solely upon the evidence presented in this courtroom?

2. Are any of you related by blood or marriage to [defendant's name] or do you know [him] [her] from any business or social relationship?

SUGGESTED FOLLOW UP QUESTION WHERE THERE IS KNOWLEDGE OF DEFENDANT:

In which of those capacities have you known [defendant's name]?

Would your knowledge prevent you from acting with impartiality in this case?

Would your knowledge cause you to give greater or lesser weight to any statement that [he] [she] might make in this case by reason of such knowledge?

3. The individual who signed the complaint in this matter is [complainant]. Are any of you related by blood or marriage to [complainant], or do you know [him] [her] from any business or social relationship?

SUGGESTED FOLLOW UP QUESTION WHERE THERE IS KNOWLEDGE OF COMPLAINANT:

In which of those capacities have you known [him] [her]?

Would your knowledge prevent you from acting with impartiality in this case?

Would your knowledge cause you to give greater or lesser weight to any statement that [he] [she] might make in this case by reason of such knowledge?

4. The alleged victim in this matter is [name of victim]. Are any of you [related by blood or marriage to (victim), or do you know [him] [her] from any business or social relationship?] [employed by, own stock in, or have any business relationship with (victim)?]

SUGGESTED FOLLOW UP QUESTION WHERE THERE IS KNOWLEDGE OF VICTIM:

In which of those capacities have you known [victim]?

Would your knowledge prevent you from acting with impartiality in this case?

5. Does the relationship of guardian and ward, attorney and client, master and servant, landlord and tenant, boarder or lodger exist between any of you and [defendant's name] or [complainant]?

6. Are any of you a party in any civil action against [defendant's name]?

7. Have any of you ever complained against [defendant's name] or been accused by [complainant] in a criminal prosecution?

8. Have any of you ever formed or expressed an unqualified opinion that the defendant, [defendant's name], is guilty or not guilty of the offense charged?

9. I have introduced you to the lawyers representing the parties. Are any of you related by blood or marriage to any of the lawyers or do any of you know the any of the lawyers from any professional, business or social relationship?

SUGGESTED FOLLOW UP QUESTION WHERE THERE IS KNOWLEDGE OF COUNSEL:

Who do you know and how do you know them?

Would your knowledge of [name of lawyer] prevent you from acting with impartiality in this case?

Would your knowledge of [name of lawyer] cause you to give greater or lesser weight to the evidence presented by [him] [her]?

10. Do any of you have a religious or moral position that would make it impossible to render judgment?

11. Do any of you have any bias or prejudice either for or against [defendant's name]?

12. I will now read to you the names of those who may possibly testify in this cause. I will read their names slowly and I ask that if you know any of them in any capacity that you immediately advise me of this fact.

WITNESS LIST

1. [name of 1st witness]

SUGGESTED FOLLOW UP QUESTIONS WHERE THERE IS KNOWLEDGE OF POSSIBLE WITNESSES:

In what capacity have you known [name of witness]?

Do you feel you have a state of mind with reference to your knowledge of in the event of [his] [her] testifying in this cause which would prevent you from acting with impartiality?

Would your relationship or knowledge of [name of witness] cause you to give greater or lesser weight to [his] [her] testimony by reason of such knowledge?

[Repeat as necessary for each witness]

13. Are there any of you who are unwilling to follow my instructions to you, the jury, as to the law that you must apply in determining this case?

14. Are there any of you, if selected as a juror in this case, who is unwilling or unable to render a fair and impartial verdict based upon the evidence presented in this courtroom and the law as instructed by the Court?

15. Do any of you have any other reason why you cannot give this case your undivided attention and render a fair and impartial verdict?

Comment

The questions will need to be modified to cover the questions of multiple charges, defendants, and victims.

The usual areas of actual bias and implied bias are covered by the suggested questions. See I.C. ss 19-2019 and 19-2020. The trial judge should modify the questions to ensure that the relevant concepts are understood by the prospective jurors.

The scope and conduct of voir dire are controlled by ICR 24 and IRCP 47(i).