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May 4th, 2007
In a case of first impression, the Supreme Court of Florida held it was not an abuse of discretion to prohibit defense counsel from showing photographs to potential jurors during jury selection. Defense counsel sought to show the potential jurors an autopsy photograph and ask whether it would cause them to vote for the death penalty. The Court held, in Hoskins v. State, 32 FLW S159 (Fla 2007), that defense counsel was, in effect, trying to seek an advance opinion of the evidence from the jurors, and that since the purpose of voir dire is to obtain an impartial jury, not to obtain a preview of the juror’s opinions about the evidence, it was not an abuse of discretion to prevent the use of the photographs during voir dire.
Entry Filed under: General Voir Dire
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1. Steve Barcus | May 4th, 2007 at 8:28 am
Bob: Doesn’t that contradict prior holdings allowing a party to inquire into the ultimate issues in the case?
Steve
2. Tony Marino | May 5th, 2007 at 6:39 am
Great job Bob!
I have asked many lawyers this question and get opposite answers. I’d like your opinion.
1. What is a lawyer trying to determine if he asks the panel whether they listen to or read Forbes, Barons, WSJ Money mag Bloomberg,CNBC etc? Is it that the juror is money conscious or conservative?
2. If they do volunteer work at hospitals? Is this to determine if jurors are sympathetic to doctors or sympathetic to ill people or for some other reason? Why not ask if volunteer for any kind of volunteer work?
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