94- 649 C.M.R. ch. 102, § 9 - VOIR DIRE AND JURY SELECTION

1. Defense counsel should be familiar with the procedures by which a jury venire is selected in the particular jurisdiction and should be alert to any potential legal challenges to the composition or selection of the venire.

2. Defense counsel should be familiar with the local practices and the individual trial judge's procedures for selecting a jury from a panel of the venire, and should be alert to any potential legal challenges to these procedures.

3. Prior to jury selection, defense counsel should review the prospective juror list and juror questionnaire.

4. Where appropriate, defense counsel should develop voir dire questions in advance of trial. Defense counsel should tailor voir dire questions to the specific case. Among the purposes voir dire questions should be designed to serve are the following:

A. to elicit information about the attitudes of individual jurors, which will inform about peremptory strikes and challenges for cause;

B. to convey to the panel certain legal principles which are critical to the defense case.

5. Defense counsel should be familiar with the law concerning discretionary voir dire inquiries so as to be able to defend any request or make a request to ask particular questions of prospective jurors.

6. Defense counsel should be familiar with the law concerning challenges for cause and peremptory strikes. Defense counsel should also be aware of any local rules concerning whether peremptory challenges need to be exhausted in order to preserve for appeal any challenges for cause which have been denied.

Notes

94- 649 C.M.R. ch. 102, § 9