Death Penalty JUROR QUESTIONNAIRE

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1 Death Penalty JUROR QUESTIONNAIRE Juror No. 1. Name: Age: 2. Do you read, write, speak, and understand English? YES NO 3. What is your ethnic background? 4. In what town or city do you live? 5. Have you ever lived anywhere other than Texas? YES NO If YES, where? 6. Where do you work (if unemployed or retired, where did you work) and for how long? 7. What is your current position or title? 8. What are your duties or responsibilities? 9. What jobs have you held in the past? 10. Have you ever been responsible for supervising, hiring or firing employees? YES NO 11. Marital Status: Single Never Married Married Yrs. Separated Divorced Living w/someone Yrs. Widowed Yrs. 12. How many times have you been married: 1 time 2 times 3 times 4 or more 13. How far did you go in school [if college, name school(s) and any degree(s) you received]? 14. Please tell us the sex, age and occupation of your children or step-children: 15. Have you, any family members or friends ever worked for any law enforcement agency [This includes the Police, D.E.A. Department of Homeland Security, F.B.I., Immigration, U.S. Customs] or any private security company? YES NO If YES, who and what agency or company? 16. Have you, any family members or friends ever worked for any office or agency of the United States Government? YES NO If YES, who and what agency? 17. Have you ever taken any course(s) or seminar(s) in Constitutional law, criminal law, criminology, law enforcement or punishment? YES NO If YES, what course(s) or seminar(s): 18. Have you ever been a witness to a crime? YES NO If YES, please explain the circumstances: Work Product of Cathy E. Bennett & Associates, Inc. Page 1 of 9

2 19. Have you, any family members or friends ever been the victim of a violent crime? YES NO If YES, who and what type of crime(s)? a. Was anyone charged and/or arrested? YES NO b. How do you feel the police handled the case(s)? c. What was the outcome(s)? 20. Have you, any family members or friends ever had a good or bad experience involving the police? YES NO If YES, please give details: 21. Have you or any family members ever owned or used any type(s) of gun(s) or other weapon(s)? YES NO If YES, please tell us : a. Who owns the weapon(s): b. What type(s) of weapon(s): c. Why was the gun or weapon owned or used: 22. In general, what are your feelings or opinions about gun control? 23. What criminal case(s) have you followed in the media? 24. Do you feel the media favors: The Defendant The Government Fair to both sides 25. What is your main source of news: Television Radio Newspaper Internet Family or friends 26. In this case, the United States Government is seeking the death penalty for two (2) men who are accused of killing an armored truck guard at a convenience store. Have you heard or read about this case? YES NO If YES, what do you remember reading or hearing? 27. What was your reaction to what you heard or read? Work Product of Cathy E. Bennett & Associates, Inc. Page 2 of 9

3 28. Do you recall reading or hearing about the first Federal death penalty case that was tried in the Summer of 2003? YES NO If YES, what do you recall reading or hearing? 29. In that case, the jury found the defendants Not Guilty. Did you Agree or Disagree with that verdict? PLEASE TELL US WHY YOU FEEL THIS WAY: 30. Which of the following best describes your opinion of whether the Defendants are guilty or not guilty of the murder charges in this case: Definitely Guilty Guilty Possibly Not Guilty Need to hear evidence Definitely Not Guilty Not Guilty Possibly Not Guilty Do not know enough Please explain your answer: 31. What is your religion? 32. How often do you go to church: Every day Once a week Occasionally Rarely Never 33. What kind of activities or programs are you involved in at your church? 34. Have you ever changed your religion? YES NO If YES, why did you change your religion? 35. Which one of the following ways do you use to use to punish your child or children: Spank the child Time-out Take away privileges Grounding Other 36. How did your parents punish you when you were a child: Spanking Time-out Take away privileges Grounding Other Work Product of Cathy E. Bennett & Associates, Inc. Page 3 of 9

4 Views and Opinions Regarding the Potential Punishment In this case, the Defendants are charged with crimes which carry a possible penalty of death. The Defendants are presumed by law to be innocent. Because of the possible penalty, the Court is required by law to ask you questions regarding your views of the death penalty. As a result of death being a possible penalty, this case may proceed in two stages. The first stage of the trial is what we call the not guilty / guilty stage. In this stage, the United States must present evidence of the defendants guilt and the evidence must establish that guilt beyond all reasonable doubt before the defendants can be found guilty of any crime alleged in the indictment. If the United States fails to prove either defendants guilt beyond all reasonable doubt, that defendant must be found not guilty. Only Count 8 carries a possible death penalty, therefore, if the United States fails to prove the defendants guilt of Count 8, the second stage is not required. However, if either defendant is found guilty of Count 8, then we must proceed into the second stage. This stage is referred to as the penalty stage. The purpose of this stage is to determine the punishment to be imposed. The same jury that found that defendant guilty of Count 8 would also act as the jury at the sentencing stage. The jury would be instructed to consider certain aggravating factors (facts to support the punishment of death) offered by the United States, and certain mitigating factors (facts to support the punishment of life in prison without the possibility of parole) offered by a defendant. After considering and weighing for each defendant the aggravating and mitigating factors at stage two, the jury would be asked to make a decision about the sentence to be imposed. The jury s decision would be made on the basis of the evidence presented and the Court s instructions on the law applicable to this case. The Court must sentence the defendant according to the decision of the jury. There are no right or wrong answers to the following questions, and your truthful answers will be accepted and respected. 38. Please CIRCLE the number that reflects your opinion regarding the death penalty: Strongly Favor Undecided Strongly Opposed Please tell us in your own words your feelings or opinions about the death penalty: 40. Have you ever held a different view about the death penalty? YES NO If YES, what was your view and why did you change it? Work Product of Cathy E. Bennett & Associates, Inc. Page 4 of 9

5 41. In cases where a person has been found guilty by a jury of committing an intentional murder, which of the following describes your view of the death penalty: [Please mark (X) only one box]: 1. Favor in every case where someone has been intentionally murdered 2. Favor with very few exceptions 3. Favor in most cases, do not favor in some cases 4. Opposed with very few exceptions 5. Opposed in every case of intentional murder PLEASE TELL US WHY YOU FEEL THIS WAY 42. If a person was found guilty by a jury of intentionally murdering your spouse or your child, would you want that person to receive the death penalty? YES NO PLEASE TELL US WHY YOU FEEL THIS WAY: 43. In what kind(s) of intentional murder case(s) do you feel the death penalty is the proper punishment? 44. In what kind(s) of intentional murder case(s) do you feel life without the possibility of parole is the proper punishment? 45. Do you believe that any of the following people deserve the death penalty: Adolph Hitler YES NO Charles Manson YES NO People convicted of murdering babies YES NO Mass Murderers YES NO Timothy McVeigh (Oklahoma City bombing) YES NO Osama Bin Laden YES NO 46. In general, what are your feelings or opinions about the law that, in a criminal case, a defendant is presumed innocent unless proven guilty? 47. Have you, any family members or close friends ever been charged, arrested, indicted, or convicted of any criminal offense? YES NO If YES, please explain the circumstances: Work Product of Cathy E. Bennett & Associates, Inc. Page 5 of 9

6 48. Have you served as a juror in a: Civil case times Criminal case times? A. What type(s) of criminal case(s): B. What was the verdict(s)? C. Were you ever the foreperson? YES NO D. What did you like and dislike about your prior jury service? 49. Have you ever served on a Federal Grand Jury? YES NO 50. Have you ever been to court before? YES NO If YES, which Court and under what circumstances? 51. Do you believe the testimony of a police officer or a United States Federal Agent would be [Please mark (X) only one box]: Always believable More believable than most witnesses Same as any other witness Less believable than most other witnesses Never believable Don t Know / Not Sure 52. What factors would be important in determining whether an eyewitness was reliable? 53. What are your feelings or opinions about a witness who pleads guilty and agrees to testify as a witness for the United States government knowing he will seek a recommendation from the government of a reduced sentence? 54. Please tell us your reaction to each of the following statements: A. If the government charges someone with murder, that person is probably guilty. B. If a person is brought to trial on murder charges, that person is probably guilty. C. Even though the law says a Defendant has the right to remain silent, an innocent person accused of murder should testify. D. If at the end of the case, a juror is not sure whether a defendant is guilty or not guilty, you should find the Defendant Not Guilty. Work Product of Cathy E. Bennett & Associates, Inc. Page 6 of 9

7 55. What newspapers, magazines or trade publications do you read? 56. What do you enjoy doing in your spare time? 57. What are your 3 favorite television shows? (1) (2) (3) 58. Do you listen to talk radio? YES NO If YES, to what programs do you listen? 60. Please list the 3 people you admire most: (1) (2) (3) 61. Please list the 3 people you admire least: (1) (2) (3) 62. Would you characterize yourself as a: Leader Team Player Follower 63. Are you: Very Conservative Conservative Moderate Liberal Very Liberal 64. To which societies, unions, professional associations, civic clubs, fraternities, sororities, or other organizations do you belong? 65. Which of the following words would describe you? [Please check ( ) all that apply]: Analytical Anti-gun Careful Compassionate Compulsive Creative Emotional Fair &Impartial Judgmental Law and Order Logical Old-fashioned Open-minded Opinionated Outspoken Pro-Government Religious Selfish Sensitive Skeptical Snap-decisions Strict Technical Thoughtful Visual Other 66. Do you have any medical condition that would make it difficult for you to serve as a juror in this case? YES NO If YES, please give details or tell us you want to talk about this privately: 67. Is there anything that you should bring to the Court s attention regarding your service as a juror in this case? YES NO If YES, please give details: 68. Is there anything else you feel is important for you to tell the Judge and the attorneys? 69. This trial is expected to last weeks. A trial of this length is inconvenient for virtually every juror. Do you have an extraordinary hardship that you want to call to the attention of the Judge and the attorneys in this case? YES NO If YES, please explain the circumstances: Work Product of Cathy E. Bennett & Associates, Inc. Page 9 of 9

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