Questioning Potential Jurors

• Jurisdiction: Maryland

Question 65. Questioning Potential Jurors

John Jones was tried in circuit court for various drug-related crimes. Before the jury trial commenced, defense counsel asked the trial judge to pose the following voir dire question: "Have you, any member of your family, a friend, or an acquaintance been the victim of a crime?" The trial judge declined to ask this proposed voir dire question. The defendant excepted to the trial judge's declining to ask the question.

During voir dire, the trial judge asked: "Does any member of the panel hold such strong feelings regarding violations of the narcotics laws that it would be difficult for you to fairly and impartially waive the facts of this trial where narcotics violations have been alleged?"

The Defendant contends on appeal that the circuit court abused its discretion in declining to ask during voir dire whether any prospective juror had ever been a victim of a crime. The Defendant claims that the "victim" question and the "strong feelings" question would have helped him to effectively exercise his preemptory challenges.

The State responds that the trial judge did not abuse her discretion in declining to ask during voir dire whether any prospective juror had been the victim of a crime. The State contends that the "victim"...