http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=224x3533Oh my.
No
bona fide primitive J.D.s or L.L.D.s at this bonfire.
question everything (1000+ posts) Mon Jun-08-09 03:23 PM
Original message
Can they ask this during voie dire?
We were talking about what it would be like being on the jury in the trial of that terrorist who murdered Dr. Tiller. And someone wondered whether a lawyer can ask a prospective juror - a woman - whether she'd ever had an abortion. OK, they can ask, but can she refuse to answer?
MADem (1000+ posts) Mon Jun-08-09 03:26 PM
Response to Original message
1. I suppose she can refuse, but that might make her ripe for challenge as a juror.
The primitive "attorney" who forgot to review real-estate contracts between her ex-husband and herself, thus losing the farm:
elleng (1000+ posts) Mon Jun-08-09 03:27 PM
Response to Original message
2. On voir dire, not forced to answer anything.
Attorneys can take refusal for whatever they want.
Judge might not like the question, and might have reviewed questions prior.
question everything (1000+ posts) Mon Jun-08-09 03:47 PM
Response to Reply #2
7. Thanks. This means that refusing to answer a question will not lead to contempt of court?
elleng (1000+ posts) Mon Jun-08-09 04:07 PM
Response to Reply #7
9. Not at all.
In 'voir dire,' the parties and the judge are trying to determine whether a potential juror is suitable to serve. 'Suitability' is determined by answers. There's no contempt in such circumstances (unless the person does some really outrageous thing. More likely simply to be ushered out of court.)
Blue_In_AK (1000+ posts) Mon Jun-08-09 03:28 PM
Response to Original message
3. Yes, they can ask, but in Alaska, at least, a prospective juror can ask for a private discussion where the judge and attorneys can ask questions, but the other prospective jurors are excused. This often comes up in cases of child sexual abuse and so on where a juror doesn't want to publicly discuss such a sensitive issue. In my experience from transcribing hundreds and hundreds of trials, most times they are excused by the judge.
The California Piggy primitive, who's been in London lately, with his husband:
CaliforniaPeggy (1000+ posts) Mon Jun-08-09 03:28 PM
Response to Original message
4. I think she has to answer it.
But I doubt that any lawyer would ask it...too blunt. I think the lawyer would try to be more subtle.
Interesting question.
paulsby (1000+ posts) Mon Jun-08-09 03:36 PM
Response to Reply #4
5. she doesn't have to answer it but either attorney can take into account her refusal to answer the question.
Coyote_Bandit (1000+ posts) Mon Jun-08-09 03:46 PM
Response to Original message
6. A smart and tactful attorney might elicit the same information by asking whether she or someone close to her (family, friend, co-worker) had ever had an abortion......
rateyes (1000+ posts) Mon Jun-08-09 04:00 PM
Response to Original message
8. I would hope that if that question was asked, the juror would say "none of your damned business."
elleng (1000+ posts) Mon Jun-08-09 04:09 PM
Response to Reply #8
10. DITTO!
(Not really, but that's my sentiment, too.)
Sayeth the primitive "attorney" who forgot to read a real-estate contract between her ex-husband and herself.
