Appendix F Sample of Jury Questionnaire Used in Federal Death Penalty Case

• Library: How to Try a Murder Case: Pretrial and Trial Guidelines for Prosecution and Defense (ABA) (2011 Ed.)

APPENDIX F Sample of Jury Questionnaire Used in Federal Death Penalty Case

This questionnaire was use in the trial of United States v. Byers. It contains questions to assist counsel in determining Witherspoon-excludable venire members.

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND NORTHERN DIVISION

UNITED STATES OF AMERICA

v.

PATRICK BYERS, JR., et al.

Criminal No.: RDB-08-056

JUROR QUESTIONNAIRE

TO THE PROSPECTIVE JUROR:

You have been selected as a prospective juror in the case of United States of America v. Patrick Byers, Jr., et al. This criminal trial will take place at the U.S. Courthouse at 101 West Lombard Street, Baltimore, Maryland. The Defendants are charged in an indictment with the following: Conspiracy to use interstate communication facilities in the commission of a murder-for-hire; Use of interstate communication facilities in the commission of a murder-for-hire; Use and discharge of a firearm during and in relation to a crime of violence, causing death by murder; Conspiracy to murder a witness, resulting in death; Murder of a witness; Conspiracy to use firearms during and in relation to crimes of violence; Felon in possession; Possession of a firearm in furtherance of a drug trafficking crime; and aiding and abetting. The defendants have pled not guilty to all of the charges and are presumed to be innocent of those charges. These events are alleged to have occurred in Baltimore City/County, Maryland. The trial is scheduled to start on or about March 09, 2009, and it is expected to last approximately ten (10) weeks, including the selection of a jury.

Those selected as members of the jury will live at home and have their evenings and weekends free to themselves. Your contact with other people will not be restricted, although you will not be permitted to talk about the case with anyone, or to read, listen to, or watch any press coverage the case might receive.

THIS IS A QUESTIONNAIRE WHICH YOU, AS A POTENTIAL JUROR, ARE REQUIRED BY LAW TO ANSWER. REGARDLESS OF ANY PROBLEMS THAT YOU MAY HAVE SERVING AS A JUROR IN THIS CRIMINAL CASE, YOU MUST FILL OUT THIS QUESTIONNAIRE COMPLETELY. YOU MUST ANSWER ALL QUESTIONS AND RETURN THE COMPLETED FORM BY FEBRUARY 4, 2009.

The information which you give in your answers to this questionnaire will be used only by the Court and the parties to select a qualified jury. The purpose of this questionnaire is to save time and avoid jurors having to sit and wait before they answer these or similar questions in person. After a jury has been selected, all copies of your response to this questionnaire will be returned to the Clerk of the Court and kept in confidence, under seal, away from public viewing. This questionnaire will NOT be made public. The attorneys are under orders to maintain the confidentiality of any information they learn in the course of reviewing this questionnaire, specifically your name and address.

The purpose of these questions is not to ask unnecessarily about your personal matters. It is solely to determine whether a prospective juror can decide this criminal case fairly, objectively, and impartially. To protect your identity, the only page which contains your name is the certification page, which will remain confidential and will be shared only with court personnel and the attorneys.

Please answer each question below as completely and as accurately as you reasonably can. Please remember that there are no right or wrong answers, only complete and incomplete answers. The only thing that matters is that your answers are truthful. Your complete written answers will save a great deal of time for the Judge, for the lawyers, and for you.

Please print or type your answers and please use ink only. Please fill out the entire questionnaire. Do not leave any questions blank. If a question does not apply to you in any way, write "N/A" rather than leaving the form blank. If you cannot answer a question because you do not understand it, write "Do not understand" in the space after the question. If you cannot answer a question because you do not know the answer, write "Do not know" in the space after the question.

Do not write anything on the back of any page. If at any point in this questionnaire you need more space to complete your answer, please continue your answer on the blank sheets of paper provided at the end of this questionnaire. Be sure to indicate on the blank page the number of the question you are answering.

Please answer each question by yourself and without anyone's help. PLEASE DO NOT DISCUSS THE QUESTIONS OR YOUR ANSWERS WITH ANYONE INCLUDING YOUR FAMILY MEMBERS. IT IS EXTREMELY IMPORTANT THAT THE ANSWERS IN THIS QUESTIONNAIRE ARE YOURS AND YOURS ALONE. You are expected to sign your questionnaire, and your answers will be given the same effect as a statement given to the Court and under oath.

In addition, now that you are a prospective juror, you MUST follow the instructions listed below until you have been excused from further service in this case.

DO NOT read anything whatsoever about this case. Please avoid any newspaper accounts that may relate to this case.
DO NOT read or listen to any news accounts whether in a newspaper, Internet, on the television, or on the radio concerning this case or about the defendants, Patrick Albert Byers, Jr., Frank Keith Goodman, Steven Thompson, and Michael Jerome Randle.
DO NOT at any time discuss this case with anyone, including your friends, family members, or other members of this jury panel.
DO NOT let anyone, including friends, family members, court personnel, parties in this case, or persons involved in the case, talk to you about your views or any aspect of this case except officially in the courtroom.

Thank you for your cooperation with these instructions and for your careful and honest responses to the questionnaire. Your forthright and full cooperation is of vital importance to the Court and the parties.

__________

RICHARD D. BENNETT

United States District Judge

Juror Number__________

Preliminary Matters

1. a. Are you able to read and understand the English language? Yes ___ With difficulty ___ No ___

b. Are you able to write and understand the English language? Yes ___ With difficulty ___ No ___

c. Is English your native language? Yes ___ No ___

If no, what is your first language? __________

d. Do you feel that you are able to complete this questionnaire without another's assistance? Yes ___ No ___

IF YOUR ANSWER TO QUESTION 1(d) IS "NO," THEN PLEASE COMPLETE THE CERTIFICATION ON THE LAST PAGE AND RETURN THE QUESTIONNAIRE WITHOUT ANSWERING ANY ADDITIONAL QUESTIONS.

2. Do you have any moral, religious, or ethical beliefs that prevent you from sitting in judgment of another person?

Yes___ No ___

If yes, please explain.

__________

3. Do you have any unusual financial hardship, personal commitments or other serious problem that would prevent you from serving as a juror in this case during the time period outlined by the judge? Yes ___ No ___

If yes, please explain.

__________

4. Do you have any physical or medical condition that would make it unusually difficult for you to serve as a juror in this case or to sit for long periods of time without a break?

Yes ___ No ___

If yes, please explain.

__________

5. Will you be paid by your employer (or otherwise be able to earn a living) while serving on jury duty?

Yes ___ No ___

If no, will that be an economic hardship?

Yes ___ No ___

6. It is anticipated that this case may take up to eight weeks to complete. The Court will not be sitting on Fridays during the trial and the typical trial day lasts from 9:30 a.m. to 5:00 p.m. If there is any reason why you are not available for service during the ten week period beginning March 10, 2009, state your reason in detail.

__________

I. Background Information

1. Age __________ Date of Birth __________

Are you: Male ___ Female ___

2. Where were you born and raised (include community or neighborhood name)?

Place of Birth:__________

Raised:__________

3. What is your race or ethnic background and that of your spouse or significant other?

Yours:__________

Spouse/other:__________

4. List the county, town/city, community/neighborhood in which you live and your zip code.

County:__________ Town: __________,

Neighborhood: __________ Zip: __________

5. Length of time at current address? __________

6. Do you live in a single family house, duplex, townhouse, row house, mobile home, apartment or condominium? __________

7. Do you (check one): Own __________ Rent __________

Live with relatives/friends __________

8. How many people live in your household? __________

If persons other than your spouse and children live with you, describe their relationship to you, if any: __________

9. If less than one year at current address, indicate the name of the prior town or city and the zip code of any residence that you have had over the past five (5) years.

__________

10. What is your occupational status? (Check all that apply.)

Work full-time outside the home__________

Work part-time outside the home__________

Full-time homemaker__________

Homemaker with part-time employment__________

Volunteer full-time with charitable organization__________

Volunteer part-time with charitable organization__________

Unemployed—looking for work__________

Unemployed—not looking for work__________

Full-time student__________

Part-time student__________

Retired__________

Disabled__________

Other (please specify)__________

11. Have you or your spouse (or your significant other) ever served in the armed forces?

Yes__________ No__________

If the answer is yes, please respond to the following both as to yourself and to your spouse of significant other:

		You	Your Spouse or Significant Other
a.	Branch and highest rank:	__________	__________
b.	Dates of service:	__________	__________
c.	Duties:	__________	__________
d.	Place of Service:	__________	__________
e.	Type of Discharge:

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