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37 St. Mary's L.J. 477 (2005-2006)
Standefer v. State: The Creation of the Criminal Defendant's Diminished Right to a Trial by a Fair and Impartial Jury

handle is hein.journals/stmlj37 and id is 487 raw text is: COMMENTS
STANDEFER v. STATE: THE CREATION OF THE CRIMINAL
DEFENDANT'S DIMINISHED RIGHT TO A TRIAL BY A FAIR
AND IMPARTIAL JURY
ESPERANZA GUZMAN
I.  Introduction  ...............................................  478
II.  B ackground  ...............................................  481
A. The Voir Dire Process and Its Relationship to the
Sixth  Am endm ent .....................................  482
B. The Importance of Challenges for Cause and
Peremptory Challenges in the Voir Dire Process ...... 484
C. The Types of Questions That Can Be Asked During
the Voir Dire Process and the Problems That Have
Arisen Since the Adoption of the Test in Standefer .... 486
III. Analyzing a Proper Voir Dire Question Prior to
Standefer  ..................................................  489
IV. The Current Test: Standefer v. State ....................... 491
A. The Two-Prong Test of Standefer ...................... 491
B. What Constitutes a Commitment Question? ........... 493
C. When Commitment Questions Are Improper .......... 495
D. The Saga Continues: Barajas v. State .................. 497
V. The Undesirable Effects of the Standefer Test ............. 501
A. Comparing the Criminal Defendant's Right to a Trial
by a Fair and Impartial Jury with a Civil Defendant's
Right to a Trial by a Fair and Impartial Jury .......... 503
B. The Impossible Guessing Game Generated by the
Barajas  D ecision  ......................................  507
V I.  Proposal  ..................................................  508
V II.  Conclusion  ................................................  512

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