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Why Isn't Every White Collar Defense Lawyer Using a Jury Questionnaire?
By Marc S. Raspanti, Michael A. Morse
We have been particularly frustrated during our years as white collar
criminal defense attorneys by one constant, albeit sobering, reality:
the speed with which some judges push both sides to pick a jury in
criminal cases. Increasingly, white collar federal cases carry
significant prison terms, fines, and restitution. They also include
collateral consequences such as disbarment, loss of professional
license, civil suits and, of course, lots of negative publicity.
Notwithstanding the stakes, many judges seem to find it a badge of honor
to pick a jury in “90 minutes or less.” Docket pressures, as well as
courthouse customs, mores, and practices, fuel the rapid speed with
which the jury selection process too often moves.
Over the years, we have tried ways to attempt to slow down this
important process. Sometimes we have been successful; other times,
despite our best efforts, we have not. In trying cases in different
jurisdictions throughout the country, one fi
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