May 04, 2011, 10:31
suzannewestvoir dire
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?
May 04, 2011, 11:18
Adam PooleThere's no need to qualify the jury on probation if it is not option in the case.
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.