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Dzhokhar Tsarnaev Trial: Jury Selection Begins

By Jeralyn, Section Terror Trials
Posted on Mon Jan 05, 2015 at 01:05:53 PM EST
Tags: Dzhokhar Tsarnaev Trial, Boston Marathon Bombing (all tags)
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Prospective jurors arrived at the federal courthouse in Boston this morning to fill out lengthy juror questionnaires for the trial of Dzhokhar Tsarnaev.

In December, the Government and defense agreed on the explanatory remarks the judge should make when explaining the process to them. While the judge may have made some modifications, you can can read them here to get a general idea of what they were told.

Here is a good primer from the ABA on jury questionnaires.[More...]

The questionnaire is not public. To give you an idea of what questions are asked in a terror trial, here is the questionnaire that the jury filled out in the Chicago trial of Tawwahur Rana (co-defendant of David Coleman Headley in the Mumbai Bombing case. Headley pleaded guilty before trial and cooperated.)

When the jurors have finished, the court will provide copies to both parties, who along with their jury consultants, will have about a week to review them. Many will be excluded "for cause" -- hardship, hearing problems, committed anti-death penalty position, etc. The remainder will be called back to court in groups starting next week at which time they will be questioned as a group, and individually, by the judge. The judge has been very vague on whether the attorneys will be allowed to question the jurors. In one recent order, he wrote they may be allowed to ask some questions "as appropriate."

The jurors will be referred to by number, rather than name. Once the jury is selected and trial begins, which should be in about 3 weeks, the jurors will not be sequestered.

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    Dzhokhar Tsarnaev Trial: Jury Selection Begins | 6 comments (6 topical)

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    No Proof This Improves the Quality of Justice (5.00 / 1) (#1)
    by RickyJim on Mon Jan 05, 2015 at 07:01:41 PM EST
    Everywhere else on the planet that has juries, each side is given a few (like 4 for the prosecution; 5 for the defense in France) peremptory challenges and there is no long invasive questionnaire.  The occupation "jury consultant" is unknown.  Voir dire takes an hour or two, at most.  My blood boils when I read an article about how great jury selection won a case.  The more random the selection is, the better, IMHO.  

    Well not quite everywhere... (none / 0) (#3)
    by gbrbsb on Tue Jan 06, 2015 at 12:21:29 AM EST
    ...at least not in the UK where neither side has peremptory challenges and there's no voire dire in respect of jury selection either as we don't 'select' juries at all. Here selection is random. Most of the service you spend in the jury room with the rest of the 'jury pool' passing the time chatting, reading or watching TV, until you are randomly called to sit which may be once, several times or never in the week or two a service lasts.

    Objecting to a juror ('challenge for cause') is extremely rare since objections have to be based on very powerful reasons such as knowing a defendant, not speaking the language, undisclosed criminal records, etc.

    A short explanation of the UK jury system here and a light hearted tongue in cheek article from the Guardian here on the 10 things a would be juror needs to know.

    Parent

    Another Amusing Guardian Article (none / 0) (#4)
    by RickyJim on Tue Jan 06, 2015 at 08:17:35 AM EST
    on a judge firing an entire jury for sending to him, during their deliberations, 10 questions whose answers had already been given to them is here.  I can't recall reading of something similar happening in the USA.

    Parent