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You must avoid bias, conscious or unconscious, based on the witness's race, color, religious beliefs, national origin, sexual orientation, gender identity, or gender in your determination of credibility. The weight of the evidence as to a fact does not necessarily depend on the number of witnesses who testify about it.
Specific intent means that ?a defendant must not only have consciously intended to take certain actions, but that he also consciously intended certain consequences.? Commonwealth v. Gunter, 427 Mass. 259, 269, 692 N.E.2d 515, 523 (1998).
The judge and the attorneys ask jurors questions to determine if the jurors are free of bias (prejudice) or whether there is any other reason why they cannot be fair and impartial; this process is called voir dire.
Voir dire is the process of examining potential jurors to determine whether they are fit to serve for a particular trial. For trial lawyers, the goal of the voir dire process is to ensure that no members of the jury are harboring any biases that could jeopardize the outcome of the case.
A juror in a criminal trial may say, ?I don't like the police. They locked up my brother when he did nothing wrong.? The juror's lack of impartiality is overt and obvious. However, another type of cognitive bias can come into play when a juror expresses an obvious bias: the social desirability bias.
The examination of prospective jurors in a civil case may be oral, by written questionnaire, or by both methods, and should include all questions necessary to ensure the selection of a fair and impartial jury. The Juror Questionnaire for Civil Cases (form MC-001) may be used.