I was hoping to get a little input on what other prosecutors have found effective in terms of describing (i.e., effective hypo's or examples) for an AGGRAVATED ASSAULT (by threat) WITH A DEADLY WEAPON.

I'm OK on the basics, but was wondering if anyone had any good ways of describing in voir dire:

(1) "Threaten" (i.e., that it doesn't have to be verbal, what constitutes a threat)

(2) "Imminent" (is this subjective, from whose viewpoint; what is a good example)

(3) Deadly weapon (I have a knife)

The quick facts of my case are:
Drunk boyfriend comes home and threatens his mentally retarded girlfriend and her 9 year old daughter with a knife. Points it at them and says "I'm going to kill, then you, then myself." Boyfriend passes out.

One other things I need voir dire help on is my victim. She is mentally retarted, with a LOT of comprehension problems. As such, the story keeps changing a bit (i.e., one or two knives, exactly what was said, was it the butcher or butter knife, etc)... she is going to be HORRIBLE on cross examination (and sadly on direct). What is the best way in VD to prepare the jury for this kind of witness? (in anticipation that she will be impeached a lot...) I would rather they almost disregard her testimony and listen to the 9 year old. Any thoughts??

Finally, if anyone has a good way of arguing intoxication as no defense, that will be in play as well.

Thanks!!

Send me an email at ccrenshaw@co.brazos.tx.us and I will forward you a recent voir dire I used.

Also... how do you explain "exhibit" -- what is enough?

Does anyone have a good idea for a one word answer question to ask each panel member--or at least the ones who haven't spoken yet, other than the punishment vs. rehab question?

And...when voir dire-ing on punishment range, do you all address the possibility of probation at all? Talk about jail time as a condition? Or just stick to the jail time and fine and argue specifics in closing?

[This message was edited by suzannejost on 11-04-09 at .]