I have a case going to trial next week where the defendant is a local preacher, who is very well liked in and around his church community. He is pleading guilty and asking the jury to assess punishment. Does anyone have ideas and/or examples I can use in voir dire other than the standard question about everyone being treated equally no matter what occupation they have? I'm trying to avoid a light sentence in this case.
I almost had to try one of these cases, but he pled to 20 years at the last minute. I would just approach the subject like "do you think there are certain people in our society who, because of their positions, should be held to a higher standard of conduct?" (examples are teachers, police officers, ministers, public officials, etc.). Try to plant the seed that he should be dealt with more harshly, not more lieniently because of his position. I mean, who should know it was WRONG more than a preacher?
Posts: 515 | Location: austin, tx, usa | Registered: July 02, 2001
"If anyone causes one of these little ones who believe in me to sin, it would be better for him if a large millstone were hung around his neck and he were drowned at the bottom of the sea."
Because he is pleading guilty, he will be asking for forgiveness. You want to point out that it is not up to a jury to forgive someone of his crime against another. Only the victim can forgive the def., and even if she forgives him, it does not mean that he should not be punished. Those are some of the ideas you want to bring out in Voir Dire, and in your punishment argument.
Here is a quote from Bishop Fulton Sheen, apparently the first "televangilist" altho he was Catholic, which I sometimes use in voir dire:
"The ruin of our society is brought about by a false compassion. A misplaced leniency is an offense against society. Pardoning the Bad is to do injury to the Good."
I ask the panel: who agrees with Bishop Sheen that "a misplaced leniency is an offense against society"? Who agrees that "Pardoning the Bad is to do injury to the Good"? You can't strike someone for cause because they disagree with Bish. Sheen, but it will tell you who the Namby Pambs are, if any raise their hands.
You want to get across the idea that there is nothing un-Christian about punishing someone for his crime.
You also want to get the panel to commit to the maximum sentence "in the proper case." I always ask this question calling for a positive answer and then a negative answer, so that everyone is obliged to raise his hands. E.g. "Who here is CERTAIN they could, in the proper case, sentence a man to pay a $10K fine and do 20 years in prison?"
"Who is not certain that they could, in the proper case, ever give a $10K fine and 20 years in prison?" Anyone who cannot, "in the proper case" give the max, needs to be struck for cause.
Then I'd ask, "Who here feels that the law should require a lower penalty range if the defendant is a minister, priest, or rabbi, or other religious authority?"
I doubt if you'll get anyone to raise his hand, but it will get them to thinking.
I just wanted to say thanks for help! As an update, the "preacher" received two 40 year sentences--even after he had three other ministers and a mayor testify on his behalf. :-)
quote:Originally posted by Terry Breen: Here is a quote from Bishop Fulton Sheen, apparently the first "televangilist" altho he was Catholic, which I sometimes use in voir dire:
"The ruin of our society is brought about by a false compassion. A misplaced leniency is an offense against society. Pardoning the Bad is to do injury to the Good."
Thanks for the history lesson, Terry. I used this today in an agg robbery punishment jury vd. I was surprised that 15-20 of the panel knew who Archbishop Strum was. Good stuff and thanks. I'll be using it from now on.
Posts: 2578 | Location: The Great State of Texas | Registered: December 26, 2001
Life is Worth Living is still aired on several Catholic TV and radio networks, including 970AM in Austin. His strident anti-communism is a little dated nowadays, but many of his other discussions are very relevant to, even prescient of, life in today's world (thanks to unchanging human nature).
