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Criminal Procedure Keyed to Dressler
People v. Newton
Citation:
Case No. 41266.Facts
The defendant was the co-founder and Minister of Defense of the Black Panther Party. He was charged for the 1967 shooting of a white police officer. Extensive pre-trial publicity supposedly linked the defendant to the murder. The defendant’s attorney was concerned whether it could secure an impartial jury and the trial judge permitted the attorney to participate significantly in the voir dire.
The casebook provided an excerpt from the transcript of the voir dire to demonstrate what a voir dire may look like in a highly charged criminal prosecution. The defendant’s attorney asked a juror whether he already had an opinion about the case before he came to court. The attorney and the judge told the juror that he must start with a presumption of innocence. The juror claimed that he would start with that presumption, but also stated that he does not believe the defendant is absolutely innocent. The prosecutor attempted to rehabilitate the juror, and there was back and forth until the judge accepted the defense attorney’s challenge for cause.
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