1) Review the Marvel case ( appendix) and consider the following jury selection problem. The jury panel has been brought in, and the attorneys have begun asking general questions. The defense attorney asks,” has anyone read any accounts of this case in newspapers or seen any coverage on television? Over half of the members of the panel raise their hands. This is far more people than the defense attorney thought would have some knowledge about the case. He asks a few more general questions, each one designed to discover if any panel members have formed an opinion about the case based on the coverage. Not a single person responds that he or she has formed an opinion about the case, but the defense attorney is unconvinced. He announces that he has a motion and asks that the panel members be removed from the courtroom so that he can bring his motion. Although the judge is reluctant, he consents. Once the panel members have been sent back to the juror administration area, the attorney says, ” Your Honor, I renew my motion for a change of venue. The jurors in this case have all stated they have either read or heard about this case. My client cannot get a fair trial under these circumstance.”
How does the judge rule? How does the prosecutor respond?
2) Review the Kline case and consider the following jury selection problem.
The panel has been brought into the courtroom to begin selecting the jury in the Kline case. The attorneys have rearranged their chairs, reversing them so that they face into the gallery. That way they can see the entire panel and ask general and specific questions of the panel members. There is a lull while everyone waits for the judge to take the bench. A couple of panel members seem a little uncomfortable in the silence. A woman in the first row, directly across from Christine Kline, suddenly asks, ” Are you the defendant?” Christine Kline answers yes. The woman then says, “Well,you sure don’t look guilty to me.” There is an embarrassed silence while all the panel members look at one another and the attorneys consider what just occurred. Then the bailiff announces that the judge is entering the courtroom.
“All rise,” he says.
The Judge takes the bench and asks if the attorneys are ready to proceed.
“No, your honor,” Paul prosecutor says. ” The state would like to approach.”
Both attorneys approach the bench, and the prosecutor informs the judge about what just occurred.
what does the judge do?