14-111. Supplemental jury questionnaire.
The court, in its discretion, may allow a case-specific juror questionnaire to be distributed to the jury panel to supplement the general questionnaire originally given to the panel. This procedure is not mandatory but may be helpful. A sample questionnaire is provided below, which must be altered to fit the individual case. Questionnaires are not to be used as a substitute for voir dire questioning. The questionnaires have several purposes:
1. They allow the jurors to provide some information privately in a less intimidating atmosphere.
2. The questionnaires give the court and the parties useful information about some mundane yet important topics (for example, the jurors' knowledge of witnesses) in an efficient manner. They thus free the attorneys to question about more substantive and interesting issues and to follow up on specific topics which are highlighted by the questionnaires.
3. Questionnaires help to detect some excuses for cause earlier in the process so that the court's time is used questioning those jurors who are more likely to sit in the case, rather than those who will ultimately be excused.
4. Supplemental questionnaires give the court and parties more specific information about question areas addressed in the general questionnaire which are of particular relevance to this case.
SAMPLE SUPPLEMENTAL JUROR QUESTIONNAIRE
To Prospective Jurors:
Please answer each of the following questions as fully and accurately as possible. There are no right or wrong answers. You should simply answer the questions honestly and conscientiously. You must not discuss the questionnaire or the answers with anyone else.
Your answers will be given to the parties or their attorneys in the case for which you are being considered as a juror. If you do not understand a question or do not have enough room to give adequate explanation to your answer, please use the last page for additional information. This questionnaire is to be answered as though you were in court answering questions.
The case for which you are being questioned is entitled State of New Mexico v. John Jones in which the State alleges that Mr. Jones committed the crimes of (1) driving while under the influence of intoxicating liquor and (2) vehicular homicide. This is a brief statement of the charges against Mr. Jones but this and the following statements are not evidence. Mr. Jones is presumed innocent and the truth, if any, of the charges against him must be proved by the prosecution beyond a reasonable doubt.
The incidents which are relevant to the case occurred on or about June 1, 1991 on the 100 block of Central Avenue in Albuquerque. At that time Wanda Smith, 25, from Albuquerque, was a passenger in Mr. Jones' car and was killed as a result of a one vehicle accident. Also riding in the automobile were Sandra Johnson and Jose Garcia. All of the passengers in the car were students at the University of New Mexico.
Your candor in answering these questions is appreciated.
Thank you for your cooperation.
NAME: _______________________________________________________
1. The possible witnesses in this case include:
(See attached list)
Do you know or have you heard of any
of these prospective witnesses? Yes No
If yes,
which witnesses do you know?
________________________________________________________________
what is your relationship to the witness?
or what have you heard?
________________________________________________________________
2. Have you heard of the incidents or persons
involved in this case in any way, including
through radio, television, newspapers,
the internet, discussion with friends or otherwise? Yes No
If yes,
what have you heard?
______________________________________________________________
what is the source of your information?
______________________________________________________________
3. Mr. Jones is represented by (attorneys
for defendant). Do you know or have you
heard of the attorneys in this case? Yes No
If yes,
which do you know? _____________________________________________
how do you know? ______________________________________________
what have you heard? ___________________________________________
What is your feeling about sitting on a case in
which these attorneys are involved?
________________________________________________________________
4. The State of New Mexico is represented by
________________________________________________________________
(names of prosecuting attorneys). Do you know or
have you heard of these attorneys? Yes No
If yes,
which do you know? ______________________________________________
how do you know? _______________________________________________
what have you heard? _____________________________________________
What is your feeling about sitting on a case in
which these attorneys are involved?
________________________________________________________________
Have you had any contact whatsoever with the
Bernalillo County District Attorney's office? Yes No
If yes, explain _____________________________________________________
5. Have you had any contact whatsoever with the
Albuquerque Police Department? Yes No
If yes,
what has been your contact?
______________________________________________________________
what is your feeling about the members of
the Albuquerque Police Department?
______________________________________________________________
6. Do you, your relatives or close associates
belong to any organizations which take an
official position on the use of alcohol?
(MADD, SADD, certain churches, etc.) Yes No
________________________________________________________________
7. Do you drink alcohol? Yes No
How often? __________________ What are your
feelings about the use of alcohol?
________________________________________________________________
8. Have you ever known anyone who was arrested for
driving while intoxicated (DWI)? Yes No
Explain: _________________________________________________________
9. Have you, your relatives, or close associates
become familiar, through work, training, or
study, with the effects of alcohol? Yes No
If so, please explain:
________________________________________________________________
10. Have you ever taken any courses which addressed
the effects of alcohol? Yes No
Explain: _________________________________________________________
11. What is your knowledge, education, or training
about blood alcohol levels as shown by a blood
test or breath test? Please explain:
________________________________________________________________
12. Do you drive an automobile regularly? Yes No
What kind of car(s) do you drive?
________________________________________________________________
13. Have you ever been in an automobile accident? Yes No
Was anyone injured or killed? Please explain:
________________________________________________________________
14. How well do you feel the court system deals
with crime?
________________________________________________________________
How well do you feel the court system deals
with alcohol related crimes?
________________________________________________________________
15. What are your favorite movies that you've seen
within the last few years?
________________________________________________________________
16. From what brief description you've been given,
is this a case in which you would like to serve
as a juror? Yes No
Why or why not? __________________________________________________
17. Please list any other information you think would
be important for the court to know. Also, list
here any information which you did not have room
to give earlier.
If you do not understand particular questions,
please list those questions.
________________________________________________________________
I SWEAR OR AFFIRM THAT THE ABOVE INFORMATION IS TRUE
AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF
_________________________________ __________________________
Signature Date
[Adopted, effective January 1, 1995; as amended by Supreme Court Order No. 08-8300-060, effective February 2, 2009.]