Re: The Brief
Posted: Fri Jul 13, 2012 8:05 pm
LACurry -- I don't read that as license for the judge to dismiss based only on the questionnaire. I think a reasonable reading is that after his review, the Judge would determine which jurors he would object to even if they passed muster by the defense and state. I base this on "prospective jurors" in the last sentence is used in the same manner as in the first sentence. I would expect that if the judge had the right under this rule to eliminate based ONLY on the questionnaire as a routine matter of fact, the last sentence would read "the remaining prospective jurors." Or "upon completion of the court's initial examination and removal of prospective jurors for cause, counsel for each party . . ." Therefore, I think this rule is not an automatic permission for the judge to dismiss based only on the questionnaire.
In a criminal case, the court shall conduct an initial
examination of prospective jurors. The court may submit to the
prospective jurors additional questions requested by the parties as
it deems proper. Upon completion of the court's initial examination,
counsel for each party shall have the right to examine, by oral and
direct questioning, any or all of the prospective jurors.
So, I think the judge must have unequivocal evidence that a juror is not suitable to be on the jury -- he can't just peremptorily dismiss without cause, like the defense counsel and DAs can. So we're back to whether the questionnaires for those dismissed jurors justified the dismissals.
In a criminal case, the court shall conduct an initial
examination of prospective jurors. The court may submit to the
prospective jurors additional questions requested by the parties as
it deems proper. Upon completion of the court's initial examination,
counsel for each party shall have the right to examine, by oral and
direct questioning, any or all of the prospective jurors.
So, I think the judge must have unequivocal evidence that a juror is not suitable to be on the jury -- he can't just peremptorily dismiss without cause, like the defense counsel and DAs can. So we're back to whether the questionnaires for those dismissed jurors justified the dismissals.