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1990-08-29
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KANGAROO COURT: INTERROGATION OF THE SPAN JURORS
We have excerpted portions of the transcript of the Span
case voir dire process to document how prospective jurors were
grilled by the judge in an apparent attempt to pack the jury with
people likely to vote to support the government. The transcript
of the jury selection process alone is a half-inch thick book!
The judge was Robert C. Broomfield, United States District Judge.
BROOMFIELD: "Would you have any trouble following the law
as I give it to you?"
PROSPECTIVE JUROR #1: "I would say it would depend on what
the federal agent was enforcing or what that was about. I mean
there can be a number of different things, and some of them I
might have a philosophical issue about."
BROOMFIELD: "[I want to know] whether you can as a member of
the jury if selected, can decide the case solely and only on
[the] evidence, and the instructions on the law that I'll give
the jury, but you have to follow those instructions regardless of
what your views or feelings are extraneous to that. Think you can
do that?"
JUROR: "Well if the philosophical issue that were brought up
was something I felt very strongly about and I was selected, it
would be - I would feel really torn about the process."
BROOMFIELD: "As torn as you might feel, do you think you
would have any difficulty, and this is - I mean this seriously -
deciding the case based on the evidence and the instructions on
the law?"
JUROR: "I might have difficulty in voting guilty or not
guilty ... depending on the law, if I felt that it was a law that
I had some real problems with --"
BROOMFIELD: "Ah, good. Now we're getting somewhere direct.
What if you flat disagreed with the law as I told it to the jury,
you just didn't like that law whatever it was, would you be able
to follow the law as I gave it to the jury?"
JUROR: "I suppose that I would. I would just hope not to
have to be in that situation." ....
Prospective juror #1 was not selected to be on the jury.
.............................
BROOMFIELD: "Many people do have strong religious values.
Would those strong religious values, whatever they are, in any
way affect your ability to decide the case, or put another way,
are you going to have any trouble deciding this case just on the
evidence and the instructions on the law that I'll give the jury
at the end of the case?"
PROSPECTIVE JUROR #2: "I may have."
BROOMFIELD: "Okay. In other words, you think you might find
the person not guilty or guilty, as the case may be, based on
these beliefs that you have irrespective of the evidence and the
instructions on the law that I give to the jury?"
JUROR: "I think I would have a problem."
Prospective juror #2 was not seated on the jury.
............................
BROOMFIELD: "[Do you belong to] any groups or organizations
or clubs who have as their purpose to promote or enhance
individual rights?"
PROSPECTIVE JUROR #3: "I'm a member of the Libertarian
Party."
BROOMFIELD: "Would the fact that you belong to that party,
and...I assume you espouse the general principles of the
Libertarians."
JUROR: "Yes."
BROOMFIELD: "Okay. Would the fact that they have certain
principles that you espouse dealing with promoting or enhancing
individual rights in any way affect your ability to be a fair and
impartial juror in this case?"
JUROR: "I don't think so."
BROOMFIELD: "Can you decide the case based on the evidence
you're going to hear in the courtroom--"
JUROR: "Yes."
BROOMFIELD: "--and the instructions on the law that I'll
give the jury at the end of the case."
JUROR: "Yes."
BROOMFIELD: "What if you didn't agree with the instructions
on the law? Could you follow it?"
JUROR: "I'd be unhappy about it, but I do believe I would
follow it nonetheless."
Prospective juror #3 did not make the cut either.
.............................
BROOMFIELD: (to all potential jurors): "Let's talk about
bumper stickers. That's right. I said bumperstickers....Now I
want to know whether any of you have bumperstickers on your
cars." [!]
After selection, Judge Broomfield's instructions to the jury
were typical: "...you must apply the law as I give it to you.
You must follow the law as I give it to you whether you agree
with it or not...you took an oath..."
..............................