,

We are now about to pick a jury in this case.  It is important that you each answer the following questions truthfully and accurately.

Please indicate if you respond affirmatively to any question.

1. Have you heard anything about this case from any source whatsoever?

2. Are you acquainted with the Defendant, who is a [insert employment], or any of the prospective witnesses in this case?

a. If so, what is your relationship with him or with the witnesses?

3. Is there anything about the nature of this case which you think would make it difficult  for you to try the issues fairly and impartially without any prejudice or bias?

4. Have you, or any member of your family or relative, or a friend been the victim of sexual assault or rape, or been accused as the perpetrator of sexual assault or rape -- whether or not there was a formal complaint was ever made, or whether or not there was a conviction -- or served as a juror on a sexual assault or rape case?

Individual voir dire:

a. If so, when did it occur?

b. What were the results?

c. Did you have to testify at any proceeding in or out of court?
    What was the result of that proceeding?

d. Were you satisfied with the result?

e. How would your experiences affect you in deciding this case?

Individual voir dire:

a. What kind of crime?

b. If so, when did it occur?

c. What were the results?

d. Was the crime ever solved?

e. Did you have to testify at any proceeding in or out of court?
    What was the result of that proceeding?

f. Were you satisfied with the result?

g. How would your experiences affect you in deciding this case?

6. Have you, or any member of your family or relative, or a friend or close associate been the victim of assaultive behavior by another person?  If so, would this make it difficult for you to sit on this type of case?

Individual voir dire:   

a. If so, would this make it difficult for you to sit on this type of case?

b. Did you have to testify in court?

c. What were the results?

d. Were you satisfied with the result?

e. How would your experiences affect you in deciding this case?

7. Have you or has a member of your family or a friend ever attended meetings of such groups as Alcoholics Anonymous, Alanon, Adult Children of Alcoholics, etc.?

8. Have you or a member of your family or a friend ever been treated by a social worker, psychotherapist, psychologist, or psychiatrist?

9. Have you or a member of your family or a friend ever been treated or counseled by a social worker, psychotherapist, psychologist, or psychiatrist?

10. Are you or a member of your family or a friend a rape counselor, social worker, psychotherapist, psychologist, or psychiatrist?

11. Have you served as a juror in this Court or any other Court?  If so (a) did you deliberate to a verdict and (b) would your previous experiences as a juror tend to influence your decision in this case in any way?

12. Have you served on a grand jury?  Would your experiences as a grand juror tend to influence your decision in this case in any way?

13. The Defendant, as he sits here, is presumed to be innocent of the charge brought against him.  He has no burden to produce evidence or establish his innocence.  The burden is completely on the Commonwealth to prove his guilt beyond a reasonable doubt.

a. Do you disagree with these propositions of law?

b. Are you able to accept them freely and without reservation?

14. Do you feel that since the Defendant has been charged with this offense that he is, therefore, probably guilty?

15. During deliberation, if you have formed an opinion, would it be difficult for you to keep an open mind and listen to the opinion of others?

16. If a majority of other jurors reached a difference conclusion from you after considering the evidence, would you be likely to change your opinion to conform to their simply because their opinion was in the majority?

17. If you come to the conclusion that the prosecution has not proven the guilt of the accused beyond a reasonable doubt, and you found that a majority of the jurors believed the Defendant was guilty, would you change your verdict only because you were in the minority?

18. If the Defendant were to testify, would it be difficult for you to evaluate his testimony?

19. If you concluded that the Defendant did something wrong but that conduct was not the crime charged, would you be capable of disregarding your conclusions and acquitting him because the evidence did not prove the Defendant guilty of the crime charged?

20. Are you or are any members of your immediate family or close personal friends employed presently, or have they been employed in the past, in any law enforcement agency, including the office of a prosecutor?

21. Would you prefer, for any reason, not to sit on this case?

22. If you were to put yourself in the Defendant's place, is there any reason why you would not want someone like yourself to sit on this jury?

23. If you were to put yourself in the prosecutor's place, is there any reason why you would not want someone like yourself to sit on this jury?

24. Is there anything in any of the questions that I have asked you which causes doubt in your mind as to your ability to reach a verdict based upon the evidence offered in this courtroom alone?

As reason for this motion Defendant states that such inquiry is reasonably necessary to ferret out hidden prejudices and therefore to permit the selection of a fair and impartial jury in this case.

The presentation of additional voir dire questions is within the discretion of the trial judge.  We ask this Court to exercise its discretion in favor of asking these questions.  Where a person's liberty is at stake, a small amount of additional time spent in attempting to ensure fairness is well worthwhile.