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Case 1:20-cr-00330-PAE Document 342 Filed 10/13/21 Page15of17 admissions of bias on the part of jurors.* In-depth voir dire including limited open-ended questions posed by counsel also helps to attack the minimization effect, whereby jurors often seek to decrease the extremity of their opinions in addition to their exposure to and the impact of pretrial publicity.° C. The Court Can Reasonably Limit the Scope of Attorney-Conducted Voir Dire The Court can also fairly and reasonably limit the time and scope of the attorney- conducted voir dire and prevent any abuse of the process. For example, the Court can direct demand that the attorneys restrict themselves to new or proscribed areas of examination or relevant follow-up examination to ferret out bias and prejudice. In addition, the Court can legitimately place a specific time limit on attorney-conducted voir dire. Permitting each party one minute per juror (expanded to three minutes if there is basis to pursue a cause challenge) is eminently justifiable after basic voir dire has been conducted by the Court. An attorney who is given mere minutes for additional voir dire examination is unlikely to waste that precious time. Permitting each party a mere minute of attorney-conducted voir dire will increase the possibility of rooting out prejudice and bias in this unique case. D. The Uniqueness of This Case Warrants Limited Attorney-Conducted Voir Dire The conventional voir dire procedures utilized in this district are inadequate to screen venire members for bias and prejudice due to the nature of the charges and the extensive pretrial publicity and exposure. This case presents unique issues that require an expansion of traditional voir dire protocols. 4 Johnson & Haney, Felony Voir Dire: An exploratory Study of its Contents and Effect, 18 Law and Human Behavior 309 (1994), 5 Vidmar, Case Studies of Pre- and Midtrial Prejudice in Criminal and Civil Litigation, 26 Law and Human Behavior 73 (2002). 14 DOJ-OGR-00005220

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Filename DOJ-OGR-00005220.jpg
File Size 671.6 KB
OCR Confidence 94.3%
Has Readable Text Yes
Text Length 2,003 characters
Indexed 2026-02-03 16:57:34.485932