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Voir Dire and Related Ethical Issues

Learn about addressing juror misconduct, ethical considerations, and related issues in jury selection. Exploring the rules, statutes, and case law in jury trials. Guidance on discrimination, communication with witnesses, and new trial considerations.

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Voir Dire and Related Ethical Issues

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Presentation Transcript

  1. Voir Dire and Related Ethical Issues Hon. William Levens Leonard Gilbert Tim Sullivan Tripp Barlow Rachael Greenstein Laura Howard Sarah Kay Chris Torres

  2. Welcome How to Get Out of Jury Duty

  3. Welcome You Are Served

  4. Rules, Statutes, & Case Law • F. R. C. P. 47 – Selecting Jurors • Fla. R. C. P. 1.431 – Trial Jury

  5. Harrah v. Perez & SunCruz Calling All Jurors!

  6. Addressing Juror Misconduct (Un)Intentional behavior by jurors in contravention of jury instructions, including : exchanging information about the case with persons or sources outside the courtroom or jury room, or providing misinformation or disinformation during voir dire.

  7. Addressing Juror Misconduct New Trial Warranted? The information is relevant and material; The juror concealed the information; and The failure to disclose not due to the complaining party’s lack of diligence

  8. Addressing Juror Misconduct • Juror Sympathy • Failure to Disclose Education & Knowledge • Failure to Disclose Prior Litigation History

  9. Addressing Juror Misconduct • GoogledDefendant • Posted re: Deliberations • Searched for Priors • Outside Consultation • SearchedExcluded Evidence

  10. Addressing Juror Misconduct • Courtesy of the Casey Anthony Trial

  11. Ethical Considerations • Communicating with Witness • Impugning the Judiciary • Hypothetical Questions (Facts v. Law of case) • Normative Questions • Identifying Racial, Ethnic, or Gender Bias • Discriminatory Use of Peremptory Challenges

  12. Ethical Considerations • Fla. R. P. C. 4-3.5 • Fla. R. P. C. 4-8.2 • Fla. R. P. C. 4-8.4

  13. Further Reading • Materials On Website

  14. Toast

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