SAMPLE VOIR DIRE OF PROSPECTIVE JURORS IN DIMINISHED CAPACITY CASES (FROM DEFENDING CRIMINAL CASES - THE RAPIDLY CHANGING PRACTICE OF CRIMINAL LAW - ANNUAL, 16TH; 1978 - SEE NCJ-55893)

• NCJ Number: 55896
• Author(s): P J FITZGERALD
• Date Published: 1978
• Length: 6 pages
• Corporate Author: New Mexico Office of the Attorney General
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: REPRINTED FROM CALIFORNIA ATTORNEYS FOR CRIMINAL JUSTICE

Annotation

SAMPLE QUESTIONS ARE GIVEN FOR USE WITH JURORS IN CASES INVOLVING TESTIMONY BY PSYCHIATRISTS OR PSYCHOLOGISTS, IN CASES WHICH INVOLVE DIMINISHED CAPACITY DUE TO ALCOHOL OR DRUGS, AND IN CASES WITH MENTALLY RETARDED DEFENDANTS.

Abstract

JURORS COMMONLY BELIEVE THAT PSYCHIATRISTS, THEMSELVES, ARE 'DISTURBED' AND THAT PSYCHIATRIC EXPERTS SELDOM AGREE ON A PARTICULAR DIAGNOSIS. IF PSYCHIATRIC OR PSYCHOLOGICAL TESTIMONY IS IMPORTANT TO THE CASE, JUROR QUESTIONING SHOULD UNCOVER THESE ATTITUDES. A SERIES OF 32 SAMPLE QUESTIONS ARE GIVEN WHICH COVER THE JUROR'S KNOWLEDGE OF PSYCHOLOGY OR PSYCHIATRY, ANY ASSOCIATION THE JUROR MAY HAVE HAD WITH MENTAL HEALTH EXPERTS, AND JUROR ATTITUDES ABOUT THESE DISCIPLINES. IF ALCOHOL, NARCOTICS, OR OTHER DRUGS ARE INVOLVED IN THE DIMINISHING OF THE CAPACITY OF THE CLIENT AT THE TIME OF THE CRIME, A PROSPECTIVE JUROR'S ATTITUDES TOWARD THESE SUBSTANCES SHOULD BE EXPLORED. A SET OF 13 QUESTIONS COVER THE PROSPECTIVE JUROR'S USE OF ALCOHOL, OPINIONS FORMED AS A RESULT OF READING OR WATCHING MEDIA PUBLICITY ABOUT ALCOHOL OR DRUGS, AND THE JUROR'S UNDERSTANDING OF THE EFFECT OF THESE SUBSTANCES. FINALLY, 7 QUESTIONS COVER THE JUROR'S UNDERSTANDING OF MENTAL RETARDATION AND INTELLIGENCE MEASUREMENTS IN GENERAL. A BIBLIOGRAPHY IS APPENDED.