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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).
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Document Details
| 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 |