December 1992 - May I Have a Little Longer, Judge?

From Courtney L. Bass of Irving, this voir dire excerpt sent to her by one of her students from the National Institute on Trial Advocacy - which involves that "catch-all" type questions "which would hopefully elicit any valuable information that we missed by our more specific questions to the panel." The excerpt is from a criminal trial in New York before Judge Carol Berkman: the name of the defense attorney is not used - for very obvious reasons.

Def. Atty: Would anyone here take offense if I tried in a respectful manner perhaps putting a little pressure upon you, because this is not a game of cricket we are playing here, to try to ascertain from you as best I can what would be your feelings in regards to this particular case or these particular charges. Would anyone take offense?

Miss Candid (Juror No. 5): I took offense yesterday, I thought your behavior was completely uncalled for.

Def. Atty: In what sense would you say as you sit here not charged with any crime, but cloaked with every degree of innocense that we can possibly give as a citizen of our society, in what sense would you say that my actions insulted either yourself or anyone in that room while we were here yesterday?

Miss Candid (Juror No. 5): If I may be honest, you are a condescending ______; I just don't like you.

Def. Atty: I have been called many other things, ma'am. You may be right, ma'am. You may be right. But does that -

The Court: Mr. Riojas, you only have two more minutes to be insulted.

Mr. Riojas: Yes, ma'am.
- posted by texasbar @ 3/12/2008