PROPOSED QUESTIONS
1) Has anyone in the jury panel work or previously worked in law enforcement? Does anyone have any close family or friends involved in law enforcement?
2) Is there any prospective juror that would give more weight to the testimony of a law enforcement officer simply because of their title or position?
3) In this case a federal agent or employee may state his or her opinion. Do accept that you are not bound by that opinion?
4) Would it be your inclination to merely accept the opinion of an agent or government employee, or would you be more inclined to take a look at the facts upon which the individual’s opinion is based?
5) Does anyone think that just because someone is in the vicinity of a crime that they are automatically guilty?
6) Does anyone think that law enforcement is always right when they deal with the public?
7) Is anyone familiar with the Bureau of Land Management? If so, what do you think they do?
8) Do any of you work with the Bureau of Land Management? If so, what are your duties?
9) This case involves circumstantial evidence. This means that much of the testimony will not come from eye witnesses. Knowing that fact, will any of you be more likely to accept or reject evidence that someone may not have personally observed?
10) Have any of you heard of the Second Amendment to the United States Constitution? If so, what does that mean to you?
11) The defense intends to call an expert witness in this case in the area of firearms. Is there anyone who would not accept that person as an expert in that particular field?
12) Is anyone afraid of firearms?
13) Does anyone own a firearm? If so, what is the primary purpose for your ownership of the firearm?
14) Does anyone use a firearm in conjunction with their occupation?
15) Is there anyone that has special training or experience with firearms?
16) The Defendant in this case regularly and legally carries a firearm on his person. Is there anyone that has any particular bias or prejudice towards that custom that would make them unable to be fair and impartial in this case?
17) Does anyone hunt with a firearm? Does anyone disagree with hunting?
18) Have any of you or anyone closely associated with you been a victim of a crime involving a firearm?
19) Do any of you know where Bunkerville is? Have any of you been there?
20) Is anyone familiar with the area where this case took place?
21) Have any of you heard of the First Amendment to the United States Constitution? If so, what does that mean to you?
22) Does anyone disagree with protesting? If so, why?
23) Does any member of the jury panel hold any belief that would make it impossible for them to serve as a juror in this case? For example, do you believe a defendant is guilty simply because he is sitting in court?
24) Have any of you heard anything about the facts of this case prior to coming to court today to potentially serve as a juror?
25) Have you watched, read, or heard of any media reports about the “showdown at the Bundy Ranch?
a) How did that information affect you?
b) Has the information that you’ve obtained given you such a bias that you cannot be fair and impartial in this case?
26) Do you feel information that you obtain from media outlets more or less reliable than information that you receive from other sources?
27) Have any of you seen or heard of Cliven Bundy? What have you heard?
28) Do you feel information that you obtain from media outlets more or less reliable than information that you receive from other sources?
29) During the last election, did you receive any campaign literature that mentioned Cliven Bundy?
30) During the last election, did you see any television adds by any political candidate that mentioned or depicted Cliven Bundy?
31) If you saw any campaign literature or televised political advertisement that mentioned or depicted Cliven Bundy, do recall if Mr. Bundy was presented in a negative fashion?
32) Have you heard the term militia? What does that mean to you?
33) Have you heard of the Idaho 3 percenters?
34) This case has received extensive media coverage. Has anyone seen or heard some of this coverage? If so, what do you remember hearing or seeing?
35) This case had a companion case with many of the same defendants that took place in Oregon that received extensive media coverage. Has anyone seen or heard some of this coverage? If so, what do you remember hearing or seeing?
36) Does everyone know the difference between a civil and a criminal proceeding?
37) The defendants in this case all identify as white males. Does anyone have any bias or prejudices towards white males that would make it impossible for them to be fair and impartial in this case?
38) The defendants in this case all identify as Christians. Does anyone have any bias or prejudices towards Christians that would make it impossible for them to be fair and impartial in this case?
39) At this exact moment, would you vote guilty or not guilty?
40) Do you agree with the fact that an indictment is merely a device for setting in motion the presentation of a case to the jury for your individual determination of a person’s innocence or guilt; that it is not evidence and certainly not proof and that no unfavorable inference may be drawn against a person merely because he is charged with a crime?
41) Do you understand that you must give the defendant the presumption of innocence without any mental reservations whatsoever and that you are to consider this presumption of innocence as actual proof of innocence until it is overcome by proof of guilt beyond a reasonable doubt?
42) The proof in a criminal case to establish the guilt of any person must be beyond a reasonable doubt. The burden of proof beyond a reasonable doubt rests with the prosecution. Do you understand that the prosecution has to prove each and every element of an offense to a moral certainty and beyond a reasonable doubt?
43) If, after deliberating for a period of time, you found that eleven jurors felt one way and you felt the other way, or alternatively nine jurors felt one way and you were one of the
three who felt the other way, would your inclination be to stick to your position or to change over to the other side as a result of peer pressure?
44) Would you be open minded enough that if a juror were to point something out to you that you viewed as significant that you had not previously considered, would you then consider changing your mind?
45) If, however, you had already considered that which was pointed out to you, would you then continue to stick with your decision?
46) Is there any reason whatsoever that you cannot be a fair and impartial juror in this case?
