Death Penalty Voir Dire Questions

Transcription

1 Death Penalty Voir Dire Questions 1. Describe your views on the death penalty. 2. Give me an example of when you would vote for the Death Penalty for a person convicted of an intentional and deliberate murder? 3. Give me an example of when you would vote for a Life sentence for a person convicted of an intentional and deliberate murder? 4. Have you ever signed a petition that encouraged or supported the death penalty? Please tell us about that. 5. Have you ever publicly expressed your views favoring the death penalty? What view did you express? 6. Have you ever held a different view on the death penalty? If YES, what was your view and why did you change it? 7. What factors would be important to you in deciding if a person, who was guilty of an intentional and deliberate murder, should receive a sentence of life in prison or the death penalty? 8. In your opinion, what kinds of crimes (what are some examples) would warrant the death penalty? 9. What kinds of crimes come to mind when you think of the death penalty? 10. Can you give me an example of one that you may have heard or read about in the media? What were your feelings about that crime? 11. Do you feel the death penalty is a deterrent to future crime by others? Why or why not? 12. What kinds of intentional, deliberate and premeditated murders do not deserve the death penalty? 13. How do you feel about life imprisonment without the possibility of parole as a sentence for an intentional, deliberate and premeditated murder? 14. How concerned are you about the amount of money that would be used to support a person in prison for the rest of his natural life? 15. Is there any doubt in your mind that life without the possibility of parole is just that? 16. What do you think the death penalty accomplishes for society? 17. Death as a punishment is obviously irrevocable. Occasionally one reads in the newspaper of one sentenced to death who was later found to be innocent. What does this make you think about the death penalty? Work Product of Cathy E. Bennett & Associates, Inc. Page 1 of 8

2 18. What can we do if we carry out a death sentence then find out that the person was innocent? 19. What is the best argument against the death penalty? 20. What is the best argument against life without the possibility of parole? 21. What is the best argument in favor of life without the possibility of parole? 22. What is the best argument in favor of the death penalty? 23. What would be important to you in making the decision of whether a person should receive the punishment of life in prison without the possibility of parole or death? 24. Prior to the juror questionnaire, have you ever expressed your views on the death penalty to family, friends, neighbors, or co-workers? What did you say and to whom? 25. How many times have you thought about the death penalty? 26. In your entire life prior to the juror questionnaire, how much time have you spent talking or thinking about the death penalty? 27. If an evil person commits a horrendous crime, is the death penalty appropriate? Why do you feel this way? 28. If a good person commits a horrendous crime, is the death penalty appropriate? Why do you feel this way? 29. What if a person with a vastly different opinion or point of view from yours commits such an act, is the death penalty appropriate? Why do you feel this way? Religion and the Death Penalty 1. Do your religious beliefs support your view on the death penalty? 2. What does your religion or spiritual teach regarding the issue of the death penalty? 3. Do yo agree or disagree with this teaching? 4. What kind of guidance have you received from your religion or spiritual affiliation regarding how you should feel about the death penalty? 5. At your place of worship, have you ever been present for a sermon that discussed the Oklahoma City bombing or the death penalty? 6. Who gave you the sermon and what was it about? What was your reaction o that sermon? 7. Many people have been taught by their religion, family, school, and friends to. Do unto others as you would have others do unto you. Were you taught this? Explain how this would or could effect your views on the death penalty. Work Product of Cathy E. Bennett & Associates, Inc. Page 2 of 8

3 DEATH PENALTY: WHERE DENOMINATIONS STAND 1 Denomination/faith Roman Catholic Church Position on capital punishment Opposes under almost all circumstances History U.S. Catholic Bishops first voted to oppose the death penalty in Southern Baptist Convention Supports Passed a resolution last year affirming biblical support but calling for fair application without reference to race or class. Baptist General Convention of Texas No position Last month, the Texas Baptist Christian Life Commission called for a two-year moratorium on executions in Texas. United Methodist Church Opposes Passed resolutions in 1980 and African Methodist Episcopal Church Evangelical Lutheran Church in America Opposes Opposes Adopted a social statement in Church of Jesus Christ of Latter- Day Saints (Mormons) Neutral We neither promote nor oppose capital punishment. Presbyterian Church (USA) Opposes Policy statements issued in 1959, 1977 and National Baptist Church in America Lutheran Church - Missouri Synod Assemblies of God No position Supports Issued position in No position Orthodox Church in America Opposes Passed a resolution in Christian Church (Disciples of Christ) American Baptist Churches in the USA Union of American Hebrew Congregations (Reform Judaism) Rabinical Assembly (Conservative Judaism) Opposes Passed resolutions in 1957, 1962, 1973, 1975 and Opposes Passed resolutions in 1958, 1966, 1977, 1980 and Opposes Passed resolution in Opposes Passed resolution in Episcopal Church Opposes Passed resolutions in 1958, 1969, 1979 and Islam Supports Under strict Islamic law, the murder victim s family chooses the sentence and may opt for mercy. Sikhism No position Sikh secular states outlawed the death penalty in the 18 th th and 19 centuries. 1 As published in The Dallas Morning News, May 10, Work Product of Cathy E. Bennett & Associates, Inc. Page 3 of 8

4 Death Penalty Questions for ADPers 1. [ADPer] Would you find it difficult to vote for a life sentence for a person who was found guilty of committing an intentional and deliberate murder of innocent people [a child, a cop, etc]? 2. [ADPer] If a person was found guilty of a heinous murder, would you, in that situation, always vote for the death penalty? 3. [ADPer] Imagine a situation where you found a person guilty of an intentional and premeditated murder, in that situation, would you always vote for the death penalty? 4. [ADPer] Could you consider a punishment of life for a person who is guilty of killing American soldiers? 5. [ADPer] In what kind of situation could you consider life in prison for a person you found guilty of an intentional and premeditated murder? 6. [ADPer] If you found a person guilty of intentionally murdering many people, would you always vote for the death penalty? 7. [ADPer] Can you think of an example of a situation where a person commits an intentional and deliberate murder, and yet you would consider life in prison as the appropriate punishment. 8. [ADPer] If you believed a person was clearly guilty of a horrendous murder of many people, would you always vote for the death penalty? 9. [ADPer] If you found a person guilty of an intentional and premeditated murder, would you feel the death penalty is the only appropriate sentence? 10. [ADPer] If you found a person guilty of an intentional and premeditated murder, would you feel the death penalty is the only appropriate sentence? 11. [ADPer] Wouldn t you agree with me that you would always vote for the death penalty for a person found guilty of an intentional, deliberate and premeditated murder? Do you agree with this view? 12. [ADPer] Are there any crimes where you would say that if the person was found guilty you would always vote for the death penalty? 13. [ADPer] In other words, if you were in a penalty phase and the jury had already convicted the person of intentional, premeditated and deliberate murder, you would then vote for the death penalty in every instance? Work Product of Cathy E. Bennett & Associates, Inc. Page 4 of 8

5 Pro-Life Rehabilitation 1. [Pro-life Rehab] So it would be your duty as a juror not necessarily to vote one way or the other in the penalty phase, but rather to listen to the evidence presented by the prosecution in support of a death sentence, and by myself in support of a life sentence, and to weigh it before you make a decision. Can you do that? 2. [Pro-life Rehab] As a juror you would not be required to make this decision in a vacuum. The law provides guidelines to help a jury decide. This law allows the jury to vote for a life sentence if that is what the jury believes is the proper punishment. The law also allows the jury to vote for capital punishment if everyone agrees. The most important point for you as a juror to understand is that the law provides the jury with a choice, and you are not required to vote for the death penalty if, after hearing the evidence with an open mind, and participating in the deliberation process you feel that life is the correct sentence. If chosen, would you participate in this process? Death Penalty Rehabilitation INTRODUCTION: I certainly understand your feelings about the death penalty. Some people are for it only in the rare and exceptional cases. Some people can't think of a case where the death penalty is appropriate, but can imagine that there might be a situation in which they could conceive of possibly voting for the death penalty. I want to assure you that no one is asking you whether you will vote for the death penalty in this case. You are not required to tell us now that you would vote for capital punishment here. In fact, in all honesty, I don't believe that the death penalty is going to be an issue in this case. But the law requires that jurors be able to consider the full range of possible punishment. So, the purpose of this aspect of questioning is to find out if you as a juror can listen to and consider the evidence provided by both sides, discuss the evidence with the other jurors, apply the guidelines given to you in the law and render a verdict based upon a careful examination of the evidence. 1. Give me an example of a time when you considered something but did not do it. For example, has there ever been a time when you considered buying a particular house or car or even considered marriage or divorce, but didn t do it? In this case, we are asking you to do the same thing: that is, have the ability to consider the death penalty does not mean that you must impose it. 2. If there is a punishment phase you will have the choice between two forms of punishment, the death penalty and life. You will never be put into the position of having to vote for the death penalty if you do not believe it is proper, however, to be a juror in this case, you only have to be able to consider the evidence with regard to the death penalty. Can you do that? 3. Do you feel that a person facing the death penalty deserves a fair cross-section of the community on the jury? Why? 4. Why do you feel it is important that the jury be composed of people who have different views regarding the death penalty? Work Product of Cathy E. Bennett & Associates, Inc. Page 5 of 8

6 5. Do you feel it would be fair if the jury consisted of people who strongly favor the death penalty? 6. What can we do to make sure that the jury is composed of people who have varying views on the death penalty? 7. Why is it important to society and [Defendants Name] that people who share your views serve on this jury? The judge has explained to you that there are phases in the trial, and in the first phase the jury deliberates on the guilt or innocence. 8. Do you think that you could follow the judge's instructions in arriving at a decision of guilt or innocence? Good. 9. Okay, now, if there should be a penalty phase the jury will have two choices from which to select a punishment -- a death sentence, or a life sentence without the possibility of parole. Before the jury deliberates, the defense and the prosecution each present evidence as to whether the defendant should live or die. And then the jury discusses the evidence. Do you understand that this is a two-stage process? 10. Do you understand that you may never have to even consider the question of sentencing? 11. Do you understand that you will never be put in a position of being required to vote for the death penalty if you do not believe it is proper? 12. Do you understand that to be a juror in this case all that is necessary is that you be able to follow the judge's instructions and consider the evidence with regard to life or death? 13. So if would be your duty as a juror not necessarily to vote one way or the other in the penalty phase, but rather to listen to the evidence presented by the prosecution in support of a death sentence, and by myself in support of a life sentence, and to weigh it before you make a decision. Can you do that? 14. As a juror you would not be required to make this decision in a vacuum. The law provides guidelines to help a jury decide. the law allows the jury to vote for a life sentence if that is what the jury believes is the proper punishment. The law also allows the jury to vote for capital punishment if everyone agrees. The most important point for you as a juror to understand is that the law of the state provides the jury with a choice, and you are not required to vote for the death penalty if, after hearing the evidence with an open mind, and participating in the deliberation process you feel that life is the correct sentence. -- Do you think you'll be able to follow the judge's instructions on sentencing? Work Product of Cathy E. Bennett & Associates, Inc. Page 6 of 8

7 CHALLENGE FOR CAUSE (Use closed-ended questions with only Yes or No answers.) Shake head the way you want question to be answered. PUBLICITY 1. [Juror's Name], you told us earlier that you had heard or read about this case? 2. When we read or hear about a case we all tend to form some kind of opinion. Isn't that just human nature? 3. For example, when you heard about the O.J. Simpson case, didn't you and millions of other people form some opinion on whether he was guilty or not guilty? 4. There is nothing wrong with that. And when you heard or read about this case, it would have been only natural to form an opinion about this case. Wouldn t you agree? 5. I sense that the opinion you formed was that [Defendants Name] was probably guilty. 6. You would agree with me that once a person forms an opinion, it is difficult, if not impossible, to set that opinion aside? 7. And if a person said they could set that opinion aside, in reality, they might not be able to? 8. I know that if I were a juror who had formed an opinion, I would not be able to set my opinion aside. So, wouldn't you agree that you might not be able to set your opinion aside? 9. Wouldn't it be fair to say that in your mind [Defendants Name] starts out with one strike against him? 10. You agree with me that in a case as serious as this that it wouldn't be fair if there were jurors who felt the Defendant had a strike against him? 11. I honestly believe that if you had not heard or read about this case, you could be totally and completely fair. Wouldn't you agree? 12. You would be willing to serve as a juror in a case when you had not heard or read anything about it or had formed an opinion? 13. If I or the prosecutor or the judge asked you if you could set aside your opinion and decide the case based on the evidence and witnesses, wouldn't your truthful and honest answer be that you could not? 14. [JUROR'S NAME], I appreciate how honest and candid you have been. Would you mind if I ask the judge to excuse you from being a juror in this particular case? Work Product of Cathy E. Bennett & Associates, Inc. Page 7 of 8

8 CHALLENGE FOR CAUSE AUTOMATIC DEATH PENALTY JURORS 1. Do you consider yourself a strong supporter of the death penalty? 2. Would it be fair to say that your views favoring the death penalty are deeply held? 3. Wouldn t you agree with me that when a person has strong views that they have held for a long time, it is difficult, if not impossible, to set those views aside? 4. If you found a person guilty of an intentional premeditated murder, would you feel the death penalty is the only appropriate sentence? 5. I hear you saying there are no circumstances where a person convicted of an intentional, deliberate and premeditated murder should receive the punishment of life in prison. Isn t that what you are saying? 6. Many people feel the death penalty is the only appropriate sentence for a person who has been found guilty of an intentional, deliberate and premeditated murder? Do you agree with this view? 7. Are there any crimes where you would say that if a person was found guilty you would always vote for the death penalty? 8. You ve expressed very strong support for the death penalty. Do you feel that it is appropriate for every case in which a person has been found guilty and the aggravating circumstances have been proven true? 9. In other words, if you were in a penalty phase and the jury had already convicted the person of intentional, premeditated and deliberate murder, you would then vote for the death penalty in every instance? 10. Wouldn t you agree with me that you are the kind of person who feels that every person convicted of an intentional, premeditated and deliberate murder should receive the same sentence? 11. And you feel that the only appropriate sentence for people convicted of an intentional, premeditated and deliberate murder should be the death penalty? 12. You heard the judge say that if the jury finds [Defendants Name] guilty of any of the murder charges, there will be a second phase. At the second phase, the only question is what the appropriate sentence would be. The judge talked about evidence of mitigating and aggravating circumstances. What did you understand mitigating circumstances to mean? 13. What mitigating circumstances would be important to you in deciding the appropriate punishment for a person convicted of intentional premeditated murder? 14. I hear you saying that you would love to hear facts of the case before deciding whether the person should receive the death penalty or life in prison. I want you to imagine a situation where the jury has found a person guilty of an intentional, deliberate and premeditated murder. Now, in that situation, where you found the person guilty, isn t it fair to say that you would feel the death penalty is the only appropriate sentence? Work Product of Cathy E. Bennett & Associates, Inc. Page 8 of 8