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Case 1:20-cr-00330-PAE Document 342 Filed 10/13/21 Page11of17
violence, etc.) are relevant to the subject matter of this case. Such experiences are of a highly
personal nature, the revelation of which in a public courtroom could lead to embarrassment and
emotional distress. As a result, issues relevant to this case need to be addressed in a sensitive
and private setting.
The jury selection procedures normally used by this Court — 1.e., group voir dire with
questioning exclusively by the judge — pose heightened problems to an effective and informative
voir dire in a case involving topics that are difficult to discuss, let alone in a large public forum.
It is typically anxiety producing and discomforting for jurors to make public disclosures. This
case amplifies the likelihood that jurors will be more apprehensive and constrained to respond
openly and honestly in open court within earshot of other jurors, members of the public, and the
media.
IV. ATTORNEY-CONDUCTED VOIR DIRE PERMITS A MORE INFORMED
EXERCISE OF FOR CAUSE AND PEREMPTORY CHALLENGES
Rule 24(a) of the Federal Rules of Criminal Procedure grants the Court broad discretion in
conducting the voir dire examination. The Court has the right to control who conducts the voir
dire and has the discretion to allow attorneys to conduct some, or all, of the voir dire. Fed. R.
Civ. P. 24(a)(1) and (2) (“The court may examine prospective jurors or may permit the attorneys
for the parties to do so.”).
The Court should grant a limited period of attorney-conducted voir dire after the Court's
general voir dire because it will yield more complete information about the potential jurors for
the proper exercise of peremptory challenges. For a peremptory challenge to serve its purposes, it
must be intelligently exercised. This requires that the parties obtain sufficient information from
the potential jurors upon which to base their challenges. United States v. Ledee, 549 F.2d 990,
993 (Sth Cir.), cert. denied, 434 U.S. 902 (1977) (“Peremptory challenges are worthless if trial
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Document Details
| Filename | DOJ-OGR-00005216.jpg |
| File Size | 711.9 KB |
| OCR Confidence | 95.0% |
| Has Readable Text | Yes |
| Text Length | 2,075 characters |
| Indexed | 2026-02-03 16:57:31.858692 |