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We have a defendant that is not eligible for probation. We are planning voir dire. Does the jury have to be able to consider a hypothetical case where probation could apply, or can we limit those questions completely since this defendant based on criminal history is not going to get the option of probation from the judge or jury?
 
Posts: 526 | Location: Del Rio, Texas | Registered: April 17, 2006Reply With QuoteReport This Post
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There's no need to qualify the jury on probation if it is not option in the case.
 
Posts: 106 | Location: Galveston, Tx. | Registered: May 17, 2007Reply With QuoteReport This Post
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No. That being said, we've allowed defense attorneys to go ahead a voir dire on that topic for potentially using it as a basis for peremptory challenges. But it is very clearly not a basis for a challenge for cause.
 
Posts: 64 | Location: Brazos County, Texas | Registered: February 14, 2007Reply With QuoteReport This Post
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