California, United States of America
The following excerpt is from People v. Nieves, 11 Cal.5th 404, 278 Cal.Rptr.3d 40, 485 P.3d 457 (Cal. 2021):
" "[g]iven the juror's probable unfamiliarity with the complexity of the law, coupled with the stress and anxiety of being a prospective juror in a capital case, ... should be expected." " ( People v. Wilson (2008) 44 Cal.4th 758, 779, 80 Cal.Rptr.3d 211, 187 P.3d 1041.)
[11 Cal.5th 428]
The questionnaire also accounted for the fact that some prospective jurors might find it confusing and instructed them to mark questions they did not understand so that the trial court and counsel could address them in individual voir dire. The record shows that whether marked or not, the trial court individually questioned prospective jurors about missing, incomplete, or equivocal responses, an appropriate approach to an adequate voir dire. ( People v. Robinson (2005) 37 Cal.4th 592, 618, 36 Cal.Rptr.3d 760, 124 P.3d 363.)
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