Court's Instructions to Counsel re Jury Selection and Juror Questionnaire (Document 187-1)

Summary

Attachment to Document 187 in Case 6:21-cr-00141-RBD-NWH, in the United States District Court, Middle District of Florida, Orlando Division: the Court's Instructions to Counsel re: Jury Selection (Criminal), followed by a Juror Questionnaire in Criminal Cases - Judge Dalton. The instructions state that 40 persons randomly selected will be brought into the Courtroom and seated in a randomly selected order, and that if there are no challenges, jurors nos. 1-12 would be the jury and jurors nos. 13 and 14 the alternates. The Defendant will be permitted up to 10 peremptory challenges and the Government 6. The questionnaire asks prospective jurors, under penalty of perjury, about employment, education, military service and prior jury service.

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“Court's Instructions to Counsel re Jury Selection and Juror Questionnaire (Document 187-1).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/gov-uscourts-flmd-396523-187-1-485012c0d7/, SHA-256 624b9eefd51e6b92e5241bf527a2c6ec246325e7b6d006d0a1ad288a5c8b9da1.

Full text

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UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

COURT’S INSTRUCTIONS TO COUNSEL RE: JURY SELECTION (CRIMINAL)

A jury panel will be summoned by the jury administrator who will initially screen

the hardships and bring any questionable cases to the Court for a final decision. There

will be 40 persons brought into the Courtroom randomly selected by a computerized

process. They will be seated in the jury box and adjacent areas in a randomly selected

order. Names of the 40 jurors in their randomly selected order will be provided. Jury

selection will proceed with those assigned numbers. Thus, if, after voir dire, there are no

challenges at all, jurors nos. 1-12 on the list would be the jury and jurors nos.13 and 14

would be the alternates. The Court will begin by briefly explaining the nature of the

case and then conduct a general voir dire examination using the jury questionnaire that

was completed by each prospective juror. In doing so, the Court may also ask

questions provided by counsel that the Court deems proper.

After completion of the voir dire examination, the Court will inquire at side bar as

to any objections to the voir dire, any additional or follow up questions requested by

counsel and anticipated challenges for cause so that the Court can conduct additional

inquiry, if needed. The venire will then be excused and counsel will be afforded an

opportunity to discuss the exercise of challenges with their client(s) or case agent.

Counsel will first be asked to exercise any challenges for cause from among the entire

venire. After disposing of any challenges for cause, peremptory challenges will then be

exercised in an alternating manner, the first by Defendant and then by the Government.
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The Defendant will be permitted up to 10 peremptory challenges and the Government 6.

Initial challenges shall be directed to the first 12 prospective jurors seated in the box. If,

for example, the Government excuses prospective juror no. 4, juror no. 13 will be

deemed substituted in no. 4's place. If the Defendant then excuses no. 8, no. 14 will be

on the jury, etc. Thus, there will always be a panel of only 12 prospective jurors under

consideration at any time. Counsel will be directed to exercise peremptory challenges

only as to those 12 prospective jurors. The exercise of challenges will thus continue

until all challenges are exhausted or the parties both accept the jury. The Court will

allow “back striking” of any juror among the 12 under consideration until both parties

pass or exhaust their respective challenges. If, before exhausting its peremptory

challenges, one party chooses to accept the jury as constituted and "passes," the other

side may also accept the jury and jury selection will be complete. If, however, one side

passes and the other side exercises a challenge, the side who passed may still exercise

a challenge to the newly constituted 12 under consideration if they have one left. Once

a jury of 12 has been selected using this method, the court will select 2 alternate jurors.

The alternate jurors will be the next 2 jurors who have not been selected to be on the

jury of 12. Each side may exercise 1 peremptory challenge to the alternate jurors,

beginning with the Defendant.

Note :These procedures may be modified in multiple defendant or protracted cases.

revised 7/12/12
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Case No.

Juror #

Date

JUROR QUESTIONNAIRE IN CRIMINAL CASES - JUDGE DALTON

Please answer the following questions truthfully and correctly under penalty of perjury:

1. What is your name? and date of birth?

2. Please describe your current employment, and past work history.

3. What is your educational background (i.e., grade school, high school, college, etc.)?

4. Are you married? Divorced? Separated? Widowed? or Single Please
describe your spouse or partner’s current and past occupation and describe his/her educational
background.

5. Do you have any children and if so, what are their ages? If you have any adult children, describe
their level of schooling and employment.

6. Have you served in the military? If so, please describe such service.
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7. Have you ever served on a jury before? If so, state how many times; the type of case; whether
the trial was in state or federal court; if you reached a verdict and if you were the foreperson.

8. Briefly describe any personal hobbies and/or interests you have.

9. What newspaper and/or magazines do you read regularly? Also, do you have any favorite T.V.
shows and/or websites?

10. Have you or a close family member or friend ever been accused, arrested or convicted of a
crime? If so, please indicate the year, type of offense charged, and disposition.

11. Have you, a close family member or friend ever been the victim of a serious crime? If so,
please indicate the nature of the crime, date and location.

12. Have you, a family member or close friend ever worked for a law enforcement agency? If so,
please specify.

13. Do you participate in any organizations or groups (community, social, civic, union, religious,
political)? If yes, please state the name of the group and any leadership position held:

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