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8/29/2011. DWI VOIR DIRE. 2. CASE OVERVIEW. This is an important case but it is as simple as whether a police officer's opinion on intoxication will send a citizen to jail.. 8/29/2011. DWI VOIR DIRE. 3. INTRODUCTION. Confidence in victoryBelief is true

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introduction

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    1. 8/30/2011 DWI VOIR DIRE 1 INTRODUCTION DESTINY SUYDAN

    2. 8/30/2011 DWI VOIR DIRE 2

    3. 8/30/2011 DWI VOIR DIRE 3 INTRODUCTION Confidence in victory Belief is true & just Anxious for trial Outcome matters Respect juror privacy

    4. 8/30/2011 DWI VOIR DIRE 4 MY JOB Pick 6 jurors who will decide the case exactly the way we believe it should be decided Not asking for unfair advantage, We believe in Mr. Suydans case; You will also once youve heard all the evidence.

    5. 8/30/2011 DWI VOIR DIRE 5 YOU WANT TO KNOW Why am I here? What do you want me to do? How long will it take? What is the case about?

    6. 8/30/2011 DWI VOIR DIRE 6 THE ANSWERS You are here because you are a responsible citizens.

    7. 8/30/2011 DWI VOIR DIRE 7 I want you to: LISTEN to the evidence, OBEY the judges instructions, Return a verdict of Not Guilty in FAVOR of Mr. Suydan. It will take about two days of your time.

    8. 8/30/2011 DWI VOIR DIRE 8 VOIR DIRE FORMAT We are complete strangers. I dont know anything about you. We havent shared anything together. So I am going to visit with you about some important issues in this case.

    9. 8/30/2011 DWI VOIR DIRE 9 VOIR DIRE FORMAT Best part of case for jury Talk to attorneys Different topics raised by attorney and jurors Some might spark interest on your part. If they do, please feel free to talk to me.

    10. 8/30/2011 DWI VOIR DIRE 10 VOIR DIRE FORMAT This is the perfect time to air your beliefs. After you retire to deliberate it will be too late.

    11. 8/30/2011 DWI VOIR DIRE 11 VOIR DIRE FORMAT So what I ask is not my way of just being curious about your lives. These are questions I think are important in order to select the six of you who we believe will be best suited to hear this case.

    12. 8/30/2011 DWI VOIR DIRE 12 VOIR DIRE FORMAT You noticed that I did not object to the governments questions or comments. The government deserves the opportunity to ask you any question or make any comment about this case that they believe is important. I hope that they extend me the same courtesy.

    13. 8/30/2011 DWI VOIR DIRE 13 OPEN UP AND HELP ME HELP MR. SUYDAN I want to do a good job for Mr. Suydan, but I cant unless you help me. You can help me if you open up and volunteer information.

    14. 8/30/2011 DWI VOIR DIRE 14 TWO SIDES Will every one agree that there are two sides to every story? Every day people are found guilty, but, Whats the other side of that story? Every day people are found not guilty. Can each of you examine both sides of this story?

    15. 8/30/2011 DWI VOIR DIRE 15 OPINION V. LYING Can you disagree with a persons opinion without calling that person a liar? The reason that I ask is that this is not a case where the defense is accusing the police officer of being a liar.

    16. 8/30/2011 DWI VOIR DIRE 16 GOVERNMENTS BURDEN OF PROOF Can every one see how your level of proof to find someone guilty.Beyond a Reasonable Doubt is much higher than the officers level of proof to make the arrest?

    17. 8/30/2011 DWI VOIR DIRE 17 TRAFFIC TICKET How many of you have received a traffic ticket that you disagreed with? What level of proof is required before the officer can write you a ticket? Probable cause is what gets a person to court. Probable cause is the standard the police must have to make a valid arrest.

    18. 8/30/2011 DWI VOIR DIRE 18 Im going to ask you some questions about physical tests to use as reliable indicators of intoxication. You understand. If you are to design a test that would cause a person to become less balanced and sway. You would have the person keep his feet together, or Would you have him keep his feet shoulder width apart.

    19. 8/30/2011 DWI VOIR DIRE 19 If you are to design a test that would cause a person to become less balanced and sway, would you have a person keep his feet together as he stands; Or would you have him raise one foot out in front six inches off the ground. If you are to design a test that would cause a person to become less balanced and sway

    20. 8/30/2011 DWI VOIR DIRE 20 If you are to design a test that would cause a person to become less balanced and sway Would you have the person keep his arms down by his side; or Would you allow a person to hold them out away from his sides at shoulder level We can agree that it is a normal human reaction to balance with ones arms out. We can agree that it is an unthinking human response to extend your arms out in an attempt to regain your balance if you lose it. We can agree that requiring a person to balance keeping his arms at his side is unnatural and not normal.

    21. 8/30/2011 DWI VOIR DIRE 21 If you are to design a test that would cause a person to become less balanced and sway, would you have a person keep his head level and straight; or Would you have him tilt it back at a 45 degree angle We can agree that tilting of the head moves the fluid in the ear. It is the fluid in the ear that helps us maintain our balance.

    22. 8/30/2011 DWI VOIR DIRE 22 If you are to design a test that would cause a person to become less balanced and sway, would you require the person, while his head was tilted back to close or open his eyes. We can agree that closing the eyes takes away a persons horizon that enhances the imbalance.

    23. 8/30/2011 DWI VOIR DIRE 23 If you are to design a test that would cause a person to become less balanced and sway, would you have him stand with his feet shoulder length apart or with one foot in front of the other where one of the toes touches the heel of the other.

    24. 8/30/2011 DWI VOIR DIRE 24 If you are to design a test that would cause a person to become less balanced & sway, would you have him take steps his normal way or would you have him walk a line with his heel touching his toe each step?

    25. 8/30/2011 DWI VOIR DIRE 25

    26. 8/30/2011 DWI VOIR DIRE 26 We can agree that if people were required to do those tests to get their licenses, many people couldnt pass. We can agree that it would be normal for people to make innocent mistakes on those tests if they were unpracticed in them and nervous about taking them.

    27. 8/30/2011 DWI VOIR DIRE 27 Burden of Proof The Government has the burden of proving guilt beyond a reasonable doubt. How many of you believe that the burden is: Too high Just about right Too low

    28. 8/30/2011 DWI VOIR DIRE 28 BEYOND A REASONABLE DOUBT If you are in the jury room and someone asks regarding the issue of intoxication: How much reasonable doubt must be excluded? What would your answer be?

    29. 8/30/2011 DWI VOIR DIRE 29 BEYOND A REASONABLE DOUBT Regarding intoxication, it is required that the governments proof exclude all reasonable doubt concerning the defendants guilt.

    30. 8/30/2011 DWI VOIR DIRE 30 BEYOND A REASONABLE DOUBT Regarding the issue of intoxication: How many doubts based on reason are required to vote Not Guilty? The Law: In the event you have A reasonable doubt. You will acquit and say by your verdict Not Guilty.

    31. 8/30/2011 DWI VOIR DIRE 31 DRIVING WHILE INTOXICATED Sensitive subject, but important for me to know if anyone has had experience with a person who was intoxicated and driving? The reason that I ask is that I am afraid that someone with a bad experience with someone who was DWI may affect your decisions in this case.

    32. 8/30/2011 DWI VOIR DIRE 32 THE LAW You may not like the law, but you will take an oath that you will follow the law. If a fellow juror says: I know what the judge said about the law, but let me tell you what I think the law is. What would you say?

    33. 8/30/2011 DWI VOIR DIRE 33 THE LAW In this case, the judge decides the law. The judges instructions are not merely suggestions that you may disregard.

    34. 8/30/2011 DWI VOIR DIRE 34 It should be against the law for a person to drink and then drive. Strongly Agree Agree Slightly Agree Strongly Disagree Disagree Slightly Disagree

    35. 8/30/2011 DWI VOIR DIRE 35 MADD Does anyone here belong to Mothers Against Drunk Driving or belonged to it in the past? Has anyone ever contributed to MADD?

    36. 8/30/2011 DWI VOIR DIRE 36 A person who refuses to take a blood alcohol test is probably guilty of DWI. Strongly Agree Agree Slightly Agree Strongly Disagree Disagree Slightly Disagree

    37. 8/30/2011 DWI VOIR DIRE 37 How likely or unlikely is it that a person arrested by the police is guilty? Very Likely Likely Very Unlikely Unlikely

    38. 8/30/2011 DWI VOIR DIRE 38 What does proof beyond a reasonable doubt mean to you? Guilty with a big explanation

    39. 8/30/2011 DWI VOIR DIRE 39 IS THERE A VERDICT OF UNDECIDED? Does a verdict of Not Guilty mean the person is innocent? We do not bring a jury in to decide if someone is innocent. In some countries you do have to prove you are innocent. We bring a jury in to decide if guilt can be proven beyond a reasonable doubt.

    40. 8/30/2011 DWI VOIR DIRE 40 Not Guilty The law says that the jury must return a verdict of not guilty if the government does not prove guilt beyond a reasonable doubt. Agree Disagree Just about right

    41. 8/30/2011 DWI VOIR DIRE 41 Follow Test Procedure How many of you have ever had a doctor run tests on you prior to surgery? How would you feel if the doctor left out a couple of steps? Do you agree that when a test is not followed precisely the validity of the test may be compromised?

    42. 8/30/2011 DWI VOIR DIRE 42 Validity of the Police Officers Test The reason that I ask is that the police officer in this case gave Mr. Suydan a series of tests to help the police officer FORM THE OPINION that Mr. Suydan was intoxicated.

    43. 8/30/2011 DWI VOIR DIRE 43 VALIDITY OF TEST Would you expect the police officer to follow the test procedure precisely? And if he doesnt, then that means the validity of the test is compromised.

    44. 8/30/2011 DWI VOIR DIRE 44 Heads I win, tails you lose! What do you think of the idea a police officer offering you a test, and if you take the test and the result is negative, it will be used against you, and if you refuse to take the test, the result will be used against you?

    45. 8/30/2011 DWI VOIR DIRE 45 Heads I win, tails you lose! The reason that I ask is that if you take a breath test, the result is used against you, and if you refuse to take the test, that is used against you.

    46. 8/30/2011 DWI VOIR DIRE 46 DECIDE FOR YOURSELF The law states that each of you must decide the case for yourself, but only after discussion and impartial consideration of the case with your fellow jurors.

    47. 8/30/2011 DWI VOIR DIRE 47 DECIDE FOR YOURSELF The jury room is not a democracy and the majority does not rule. The jury room is not a kingdom and one person does not decide for someone else or everyone else.

    48. 8/30/2011 DWI VOIR DIRE 48 IT IS ALRIGHT FOR A JURY TO DEADLOCK The law recognizes that sometimes a jury cannot reach a decision even with further deliberation. In that case, you may send the judge a note telling the court you are deadlocked.

    49. 8/30/2011 DWI VOIR DIRE 49 DYNAMITE CHARGE The court may instruct you to continue to deliberate and reach a verdict, if you can without violating your conscience. But the court will never tell you to reach a verdict if to do so will violate you conscience.

    50. 8/30/2011 DWI VOIR DIRE 50 CITIZENS BURDEN OF PROOF Other than be here, what is the accused citizen required to do in this case? The law does not require an accused citizen to prove his/her innocence or produce any evidence at all. If you could write the law, is there anyone who would change that?

    51. 8/30/2011 DWI VOIR DIRE 51 AFTER YOU HEAR ALL THE EVIDENCE. . . . . . NOT GUILTY NOT SURE GUILTY INNOCENT

    52. 8/30/2011 DWI VOIR DIRE 52 It should be against the law for a person to have one drink and then drive. Strongly Agree Agree Slightly Agree Strongly Disagree Disagree Slightly Agree

    53. 8/30/2011 DWI VOIR DIRE 53 A person who refuses to take a blood alcohol content test is probably guilty of DWI. STRONGLY AGREE AGREE SLIGHTLY AGREE STRONGLY DISAGREE DISAGREE SLIGHTLY DISAGREE

    54. 8/30/2011 DWI VOIR DIRE 54 WONT GIVE A STRAIGHT ANSWER Have you ever had a situation where you asked someone a question and you knew they knew the answer, But they wouldnt give you a straight answer? Why would a person avoid, dodge, sidestep, or be evasive about a question?

    55. 8/30/2011 DWI VOIR DIRE 55 WONT GIVE A STRAIGHT ANSWER Has everyone seen where a politician is asked a direct question and he gives a great answer. But the answer has nothing to do with the question?

    56. 8/30/2011 DWI VOIR DIRE 56 DEFENSE LAWYERS ROLE What should the defense lawyers job in a criminal case be?

    57. 8/30/2011 DWI VOIR DIRE 57 DEFENSE LAWYERS ROLE The reason that I ask is that many people believe that a lawyers job is to get the defendant free any way he/she can. To preserve, protect and defend the United States Constitution and the Texas Constitution.

    58. 8/30/2011 DWI VOIR DIRE 58 DEFENSE LAWYERS JOB Test the governments evidence against the facts, the law and the constitution. Protect citizens right to serve on a jury.

    59. 8/30/2011 DWI VOIR DIRE 59 DEFENSE LAWYERS JOB Do that by insuring that the government does not violate a jurors constitutional right to serve on a jury by removing a juror because of the jurors race, gender, religion.

    60. 8/30/2011 DWI VOIR DIRE 60 WHAT TO DO WITH MR. SUYDAN Lets suppose we have the power of justice in our hands. Should we simply send Mr. Suydan to prison without a trial? Should we give him a trial? Should it be a fair trial? If we give him a fair trial should he have an attorney? If he has an attorney, should the attorney do anything to protect Mr. Suydan?

    61. 8/30/2011 DWI VOIR DIRE 61 JUDGES JOB Rule on any legal questions that come up. The Judge will tell you what the law is. The Judge will tell you that you have to follow his oral and written instructions on what the law is.

    62. 8/30/2011 DWI VOIR DIRE 62 JUDGES JOB Those instructions are not suggestions, you must follow them. The jurys job is to decide the facts.

    63. 8/30/2011 DWI VOIR DIRE 63 OBJECTIONS Should I object if I believe an objection is proper? Wont you think Im trying to hide something?

    64. 8/30/2011 DWI VOIR DIRE 64 OBJECTIONS What if the judge overrules the objection? The reason I ask is that the judge may overrule every objection I make and sustain every objection the governments lawyer makes.

    65. 8/30/2011 DWI VOIR DIRE 65 LEADING QUESTIONS A leading question is one that suggests the answer. All the witness does is say yes or no.

    66. 8/30/2011 DWI VOIR DIRE 66 LEADING QUESTIONS The rules of evidence allows leading questions on direct examination in only very limited circumstances. The reason for this rule is that a jury should hear the testimony from the witness and not from the lawyer.

    67. 8/30/2011 DWI VOIR DIRE 67 LEADING QUESTIONS You will hear me object if the governments lawyers asks leading questions of the witnesses they put on the stand.

    68. 8/30/2011 DWI VOIR DIRE 68 OBJECTIONS LEADING QUESTIONS Will you hold it against me if I object to leading questions? Would you rather hear the testimony from the witness or simply have the witness agree or disagree with what the prosecutor says?

    69. 8/30/2011 DWI VOIR DIRE 69 PRESUMPTION OF INNOCENCE That the cops only arrest guilty people. That government prosecutors only prosecute guilty people. I never say someone is presumed to be innocent. Can you really presume Mr. Suydan is innocent? Do you believe that since he has been arrested that he might be a little bit guilty?

    70. 8/30/2011 DWI VOIR DIRE 70 PRESUMPTION OF INNOCENCE =ACQUITTAL The reason I ask that is that the court will instruct you that the presumption of innocence alone is enough for acquittal absent evidence beyond a reasonable doubt of guilt after careful and impartial consideration of the evidence?

    71. 8/30/2011 DWI VOIR DIRE 71 PRESUMPTION OF INNOCENCE Does that sound like the same thing the governments lawyer told during their presentation?

    72. 8/30/2011 DWI VOIR DIRE 72 An accused citizen should have the right to confront the witnesses against him/her. Strongly Agree Agree Slightly Agree Strongly Disagree Disagree Slightly Disagree

    73. 8/30/2011 DWI VOIR DIRE 73 6TH AMENDMENT RIGHT TO CONFRONT WITNESSES The reason that I ask is that the Constitution guarantees an accused citizen the right to confront the witnesses against him/her.

    74. 8/30/2011 DWI VOIR DIRE 74 CONFRONTATION Confront means that the witness must appear in court and be asked questions by the accused citizens lawyer. You will hear me object if the government tries to offer evidence from a witness who is not here in court to testify.

    75. 8/30/2011 DWI VOIR DIRE 75 How accurate should the governments evidence be to convict a citizen? 100% ACCURATE 50% TO 99% ACCURATE 25% TO 49% ACCURATE 1% TO 24% ACCURATE

    76. 8/30/2011 DWI VOIR DIRE 76 95% If I am faithful to my wife 95% of the time, I dont think she would like that. Would you fly on a plane that reaches its destination only 95% of the time? Would you eat food that wont kill you 95% of the time?

    77. 8/30/2011 DWI VOIR DIRE 77 The police investigation of a crime should be thorough, complete & comprehensive. Strongly Agree Agree Slightly Agree Strongly Disagree Disagree Slightly Disagree

    78. 8/30/2011 DWI VOIR DIRE 78 Police report should be thorough, complete, comprehensive & accurate STRONGLY AGREE AGREE DISAGREE STRONGLY DISAGREE

    79. 8/30/2011 DWI VOIR DIRE 79 SUPPLEMENTAL REPORT A police officer should supplement his written report when he/she remembers something important that was left out of the original report. What do you think about a police officer who changes his facts in his report or adds facts on the witness stand?

    80. 8/30/2011 DWI VOIR DIRE 80 PERMISSION TO CROSS EXAMINE Police officers will testify Wear uniforms Impressive Is it alright with you if we vigorously cross-examine the police officers in order to bring out the facts?

    81. 8/30/2011 DWI VOIR DIRE 81 NORMAL How many in school were straight A students? The rest we will put in the A-B-C group. Is there anyone in the A-B-C who do not think they were normal? I think everyone will agree that there is a range of being normal.

    82. 8/30/2011 DWI VOIR DIRE 82 NORMAL THE LAW ON NORMAL YOU CANT CHANGE IT. YOU CANT ADJUST IT.

    83. 8/30/2011 DWI VOIR DIRE 83 KNOW PARTICIPANTS District or County attorney Police officers Attorneys Client Witnesses

    84. 8/30/2011 DWI VOIR DIRE 84 LAW ENFORCEMENT BACKGROUND Work in law enforcement? Related to someone in law enforcement? Related to someone who is a prosecutor? Related to someone who is an investigator? Child Protective Services?

    85. 8/30/2011 DWI VOIR DIRE 85 CONCLUSION At the end of this case we want you to say by your verdict to the government that when you prosecute a citizen it is wrong to try to convict with inaccurate evidence from an unreliable source.

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