sequestration

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF UTAH

CENTRAL DIVISION

______________________________________

)

UNITED STATES OF AMERICA; ) NO.

)

Plaintiff, )

) PROPOSED WRITTEN

v. ) JURY QUESTIONNAIRE

)

xxxxxxxxxxxxxxxxxxxxxx, )

)

Defendants. )

______________________________________)

Defendant xxxxxxxx, through undersigned counsel, respectfully submits for the Court's consideration the annexed proposed written jury questionnaire. For the reasons set forth in Defendant's Motion for Written Jury Questionnaire and for Limited Individual Voir Dire on Specific Topics and Incorporated Memorandum of Law, defendant respectfully requests that the annexed questionnaire be filled out by all prospective jurors when they report for jury selection on September 3, 1991.

This the _____ day of February, 1991.

Respectfully submitted,

BESKIND AND RUDOLF, P.A.

By: ___________________________________

David S. Rudolf, NC Bar #8587

Thomas K. Maher, NC Bar #12771

312 West Franklin Street

Chapel Hill, NC 27516

(919) 967-4900

Attorneys for Defendant

JUROR QUESTIONNAIRE

Juror Number ___________

You are sworn to give true and complete answers to all questions. Please print legibly. This questionnaire will be used only to assist the Judge and attorneys in the jury selection process. The information requested is strictly confidential and will not be used for any other purpose. Please read all of the questions carefully, answer them fully, and notify court personnel if you need any assistance or have any questions. Do not discuss the questions or answers with fellow jurors. It is very important that your answers be your own. After the jury is selected, all questionnaires will be returned to the Judge and kept confidential.

(1) Name _________________________________________ (2) Age __________ (3) Sex __________

(please print)

(4) Race: White ______ Hispanic _____ Native American _____ Other (specify) ____________

(5) Address ________________________________________ (6) County ___________________________

(7) How long have you lived in this county? __________ (8) Do you own your own home? _______

(9) How long have you lived in Utah? _______________________________________________________

(10) Where were you raised? _______________________ If Utah, in what county? _______________

Have you ever lived outside of Utah? __________ For how many years total? ____________

(11) What was the last grade of school you finished? _______________________________________

(12) If you attended college or graduate school, list college(s) or graduate school(s) attended and your major area(s) of study. ______________________________________________________

_______________________________________________________________________________________

(13) What is your employment status (Check ONE)

Employed full time (30+ hours/week) ______

Employed part time (less than 30 hours/week) _____

Unemployed _____ Retired ______ Student _____ Homemaker _____

(14) What kind of work do you (or did you, if retired) do for a living?

(Who is, or was, your employer and what are, or were, some of your main duties?)

______________________________________________________________________________________

(a) Please describe any other full-time employment you have held in the past. ________

______________________________________________________________________________________

(15) If you have supervised employees in the past, or do so today, indicate the number: ____

(16) What is your current marital status? (Check ONE)

Married _____ Separated _____ Divorced _____ Widowed _____ Never married _____

(17) What is the employment status of your spouse? (Check ONE)

Employed full time (30+ hours/week) ______

Employed part time (less than 30 hours/week) _____

Unemployed _____ Retired ______ Student _____ Homemaker _____

(18) What kind of work does (or did) your spouse do for a living?

(List your spouse's employer and some of the main duties of your spouse.)

______________________________________________________________________________________

(19) If you have any children, please list age, sex, occupation if employed, and child's spouse's occupation if married.

Age Sex Occupation Spouse Occupation

(20) Have you ever served in the military? _______________

If YES, list branch, rank at discharge, place and date of service, and any experience with Military Police: ________________________________________________________________________

(21) What is your religious preference, if any? _______________________________________________

(22) How many times in the last month have you attended religious services at church? _________

(23) About how many hours per week do you devote to organized religious activities? ___________

(24) How important are the teachings of your church to you in making decisions (Circle ONE)

Very important Somewhat important Not very important

(25) Do you have strong religious, moral or personal objections to the distribution of sexually explicit, X-rated materials? Yes ______ No _____

If YES, please explain: _________________________________________________________________

_________________________________________________________________________________________

(26) Do you have strong religious, moral or personal objections to homosexuality?

Yes ____ No ____

If YES, please explain __________________________________________________________________

________________________________________________________________________________________

(27) Where would you say you get most of your news? (Check only ONE answer)

Radio ____ T.V. ____ Newspaper _____ Magazine ____ Word-of-mouth ____ Elsewhere ____

(28) How many days during the week do you read a daily newspaper? ____________________________

(29) Which newspapers do you read or receive on a regular basis (at least twice a week)? _____

________________________________________________________________________________________

(a) What magazines or other publications do you read or receive on a regular basis?

_________________________________________________________________________________________

(30) On the average, how many hours each night do you watch T.V.? ____________________________

(a) What T.V. shows do you watch on a regular basis? _________________________________

(b) What T.V. station do you usually watch for local news? ___________________________

(31) Do you have cable television? Yes _____ No _____

If YES, do you subscribe to any of the special movie channels (HBO, Showtime, The Movie Channel)? Yes _____ No _____ If YES, which one(s)? ___________________________________

(32) Do you have a VCR (video cassette recorder)? Yes _____ No _____

If YES, how many times per month do you rent videotapes for home viewing? _______________

(33) Within the last year, have you seen an "R" or X-rated movie? Yes _____ No _____

(34) For the following types of magazines or videocassettes, indicate whether you feel they should be totally banned for sale to adults:

Magazines and videos showing

consenting adult men and women

having sexual intercourse Yes _____ No _____

(35) Do you have any strong objections to a mail-order business selling sexually explicit X-rated materials to adults? Yes ______ No _____

If YES, please explain: __________________________________________________________________

(36) Have you ever received any unsolicited advertisements for sexually explicit materials in the mail? Yes _____ No _____ If YES, when did this occur? _____________________________

Please describe the circumstances: ______________________________________________________

__________________________________________________________________________________________

(37) Do you think that watching sexually explicit movies, magazines or books generally

(Check only ONE answer):

has a negative effect upon adults _________

has a positive effect upon adults _________

doesn't change what adults are like at all _________

(38) Please list the civic, community or religious clubs or organizations to which you belong or in which you participate. (For example, service clubs, church groups, unions, professional organizations, volunteer activities, educational or political groups.)

_______________________________________________________________________________________

(39) Have you or any relatives or close friends ever held any title or office in any civic, community or religious clubs or organization? Yes _____ No _____ If YES, please describe: ____________________________________________________________________________

_______________________________________________________________________________________

(40) Have you or any relatives or close friends ever been public office holders, legislators, politicians or held any official or lay position in your church? Yes _____ No _____

If YES, please list names, relationships and positions held: ____________________________

_________________________________________________________________________________________

(41) Have any of the organizations or groups to which you belong taken a position regarding the sale or exhibition of sexually explicit material? Yes _____ No _____

Are any of your relatives or close friends members of such an organization or group?

Yes _____ No _____ If YES to either question, please describe group and its position:

_________________________________________________________________________________________

_______________________________________________________________________________________

(42) Please describe any hobbies or recreational activities in which you participate:

_________________________________________________________________________________________

(43) Have you ever been a witness in or a party to a lawsuit, either civil or criminal?

Yes ______ No ______ If YES, please describe the nature of the suit(s) and the court(s) in which they were brought: __________________________________________________

________________________________________________________________________________________

(44) Have you ever served as grand juror or a trial juror? Yes _____ No _____

If YES, was it on a grand jury _____ or a trial jury ______? How many times? __________

When? _____________________ If TRIAL JURY, please describe the type(s) of case(s), and

whether the jury actually reached a verdict:

________________________________________________________________________________________

(45) Do you have any relatives or close friends who are lawyers, judges, or are employed or received training in the legal profession? Yes ______ No ______

If YES, please list their names, relationships and occupations. _________________________

_________________________________________________________________________________________

(46) Do you have any experience or training in the fields of counseling, psychiatry, or psychology? Yes ______ No ______ If YES, please describe. __________________________

_________________________________________________________________________________________

Do you have any relatives or close friends with such experience or training?

Yes _____ No _____ If YES, please list names, relationships and occupations.___________

_________________________________________________________________________________________

(47) Have you or any close friends or relatives ever been the victim of a crime?

Yes _____ No _____ If YES, please describe when this occurred and the nature of the crime:

_________________________________________________________________________________________

(48) Have you or any close friends or relatives ever applied for a job, worked for or received training in law enforcement, such as for the police department, the highway patrol, the State Bureau of Investigation, the probation department, a private security agency, the sheriff, the FBI or the Postal Inspector? Yes ______ No ______

If YES, please list their relationship to you, their occupations or training, and their

employers. ______________________________________________________________________________

_________________________________________________________________________________________

(49) Have you ever received any information or publications from anyone, or attended any meeting or conference, private or public, about the issues of sexually explicit materials, pornography or obscenity? Yes ______ No ______ If YES, please describe. _____________

_________________________________________________________________________________________

(50) Have you ever read any newspaper or magazine articles dealing with the subject of sexually explicit material, pornography, or obscenity? Yes _____ No _____

If YES, please describe. ________________________________________________________________

_________________________________________________________________________________________

(51) Have you ever talked to other people in Utah about their opinions regarding the sale of sexually explicit materials to adults? Yes _____ No _____ If YES, please describe:

_______________________________________________________________________________________

(52) Are you familiar with the results of any polls or surveys regarding Utahns' attitudes about the sale of sexually explicit materials to adults? Yes ____ No _____

If YES, please describe: _________________________________________________________________

__________________________________________________________________________________________

(53) Have you ever found that any of your children have been in possession of sexually explicit materials? Yes _____ No ____ If YES, when did this occur? ____________________________

Please describe the circumstances: ______________________________________________________

__________________________________________________________________________________________

(54) If you were selected to serve as a juror in this case, you would be required to look at and discuss material containing explicit pictures of the following things:

- naked erect penises and naked vaginas;

- adults engaging in explicit sex acts, such as intercourse;

- oral sex involving people putting their mouths on the sexual organs of other people;

- anal sex involving men inserting their penises into the anuses of women;

- sex acts between two women;

- women tying each other up and inserting dildos into their vaginas;

- group sex involving men and women;

- people masturbating other people; and,

- men ejaculating onto the bodies of women.

(a) Do you feel you would be able to look at all such explicit sexual depictions, in their entirety, in a public courtroom? Yes _____ No _____ Not sure _____

(b) Do you feel you could discuss such explicit depictions of sexual activity with other men and women on the jury whom you do not know? Yes____ No____ Not sure____

(55) Do you have any feelings about sexually explicit materials you have not yet mentioned that might affect your judgment in this case? Yes _____ No _____

If YES, please describe. ______________________________________________________________

_______________________________________________________________________________________

(56) Do you have any family, physical, or personal problems or requirements which may interfere with your ability to sit as a juror on this case? Yes _____ No _____

If YES, please describe. ______________________________________________________________

_______________________________________________________________________________________

(57) Are there any other matters that you think you should bring to the attention of the court regarding your service on this case? Yes ______ No ______

If YES, please describe. ______________________________________________________________

_______________________________________________________________________________________

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