Can they ask this during voie dire?

[question everything]

We were talking about what it would be like being on the jury in the trial of that terrorist who murdered Dr. Tiller. And someone wondered whether a lawyer can ask a prospective juror - a woman - whether she'd ever had an abortion. OK, they can ask, but can she refuse to answer?

[MADem]

1. I suppose she can refuse, but that might make her ripe for challenge as a juror. NT

[elleng]

2. On voir dire, not forced to answer anything.

Attorneys can take refusal for whatever they want.

Judge might not like the question, and might have reviewed questions prior.

[question everything]

7. Thanks. This means that refusing to answer a question

will not lead to contempt of court?

[elleng]

9. Not at all.

In 'voir dire,' the parties and the judge are trying to determine whether a potential juror is suitable to serve. 'Suitability' is determined by answers. There's no contempt in such circumstances (unless the person does some really outrageous thing. More likely simply to be ushered out of court.)

[Blue_In_AK]

3. Yes, they can ask,

but in Alaska, at least, a prospective juror can ask for a private discussion where the judge and attorneys can ask questions, but the other prospective jurors are excused. This often comes up in cases of child sexual abuse and so on where a juror doesn't want to publicly discuss such a sensitive issue. In my experience from transcribing hundreds and hundreds of trials, most times they are excused by the judge.

[CaliforniaPeggy]

4. I think she has to answer it.

But I doubt that any lawyer would ask it...too blunt. I think the lawyer would try to be more subtle.

Interesting question.

[paulsby]

5. she doesn't have to answer it

but either attorney can take into account her refusal to answer the question.

[Coyote_Bandit]

6. A smart and tactful attorney

might elicit the same information by asking whether she or someone close to her (family, friend, co-worker) had ever had an abortion......

[rateyes]

8. I would hope that if that question was asked, the juror would say

"none of your damned business."

[elleng]

10. DITTO!

(Not really, but that's my sentiment, too.)

[question everything]

11. My sentiments, which is why I wondered about

contempt of court.

Of course, I think that such a reply should be used by most candidates to public office, when personal questions start creeping into a discussion.