State v. AnthonyState v. Anthony
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Thе defendant was found guilty by a jury of twelve of violating
We have held that such a procedure in conducting the selection of a jury is a permissible one so long as counsel are allowed to direct their questions to individual prospective jurors and there is no showing of any prejudice by having other veniremen present in the jury box during the voir dire.
Childs
v.
Blesso,
158 Conn. 389, 394, 260 A.2d 582. The court, however, then imposed a fixed time limitation of one hour on the defendant’s voir dire examination of the fourteen veniremen. The same procedure was followed with a seсond panel of veniremen, the time limit being fixed at one hour. When a third panel was necessary to complete the jury, the same procedure was agаin followed and a time limit of forty-five minutes set by the court. As a result of the time limitations fixed by the court, defense counsel was forced to terminate his voir dire examination before he was ready to do so. The defendant duly excepted to the fixed time limitations as an
The right to a voir dire examination of each prospective juror in any civil or criminal case is provided by § 51-240 1 of the General Statutes. Since the present case was tried, the right has been established as a constitutional one by the inclusion in article IV of the amendments to the state constitution the provision that “[t]he right to question each juror individually by counsel shall be inviolate.”
As this court stated in Childs v. Blesso, suрra, 394: “The trial court is vested with wide discretion in conducting the examination of jurors. State v. Higgs, 143 Conn. 138, 142, 120 A.2d 152; Duffy v. Carroll, 137 Conn. 51, 57, 75 A.2d 33; Sherman v. William M. Ryan & Sons, Inc., 126 Conn. 574, 578, 13 A.2d 134. There is no reversible error in the court’s exercise of its discretion unless it has been clearly abused or one of the parties has been prejudiced. State v. Higgs, supra; Sherman v. William M. Ryan & Sons, Inc., supra.” See also Robinson v. Faulkner, 163 Conn. 365, 374, 306 A.2d 857.
The purpose of the voir dire examination is twofold. “First, it provides information upon which the
We have noted with concern increasing abuse of the voir dire process to the extent that in some instances it has taken longer tо select a jury to try a case than to try the case itself. It appears that all too frequently counsel have engaged in wide-ranging interrogation of veniremen in a not too subtle attempt to influence the ultimate decision of a venireman if he should be selected for service or to ascertain the attitudе of the venireman on an assumed state of facts.
In recent cases, we have had occasion to note the impropriety of such questioning. As we reрeated in
State
v.
Clark,
164 Conn. 224, 226, 319 A.2d 398, “ ‘hypothetical questions intended to elicit from a juryman in advance what his decision will be under a certain state of the evidence or upon a certain state of facts should not be permitted by the trial
As we also indicated in
Duffy
v.
Carroll,
supra, 57: “[Particularly in view of the existing congestion of the courts’ jury dockets and the apparently increasing resort by counsel to examinations on the voir dire, it is important that the trial courts, in the exercise of their discretion, be punctilious in restricting counsel’s inquiries to questions which are pertinent and proper for testing the capacity and competency of the jurоr;
State
v.
Cross,
72 Conn. 722, 730, 46 A. 148; and which are neither designed nor likely to plant prejudicial matter in his mind.
Marmon Motor Car Co.
v.
Schafer,
93 Ind. App. 588, 590,178 N.E. 863; 31 Am. Jur. 637. The court should also be careful promptly to cut short any line of inquiry by counsel which it has rеason to believe is of a dilatory nature.” “Both court and counsel should be alert to a duty to avoid a perversion of the privilege accorded tо litigants by
Despite the broad discretion vested in the trial court and the concern which we have expressed about the amount of time frequently consumed in the selection of juries, we must nevertheless conclude that the ruling of the trial court in this instance was an arbitrary one. The fixed time limitations imposed by the court were set without regard
There is error, the judgment is set aside and the case is remanded for a new trial.
In this opinion the other judges concurred.
Notes
“[General Statutes] See. 51-240. examinations of jurors as to qualifications. In any civil or criminal action tried before a jury, either party shall have the right to examine, personally or by his counsel, each juror as to his qualifications to sit as a juror in such action, or as to his interest, if any, in the subject matter of such action, or as to his relations with the parties thereto; and, if the judge before whom such еxamination is held is of the opinion from such examination that any juror would be unable to render a fair and impartial verdict, such juror shall .be excused by the judge from аny further service upon the- panel, or in such action, as such judge determines. The right of such examination shall not be abridged by requiring questions to be put to any juror in writing and submitted in advance of the commencement of said action.”