Floyd Darbin v. George Nourse

KENNEDY, Circuit Judge,

concurring specially:

I concur in the entirety of Judge Reinhardt’s opinion and make the following, additional comment.

Were a juror to announce that most law officers, by reason of their profession and their oath, are trustworthy and honest but that similar respect cannot be accorded to prisoners, I should be gratified, not shocked. Those principles are consistent with responsible citizenship and are not a ground to challenge the juror for cause. Disclosure of such views, however, may be grounds for further voir dire, depending on the issues in the case and the prospective witnesses. Voir dire explores whether a juror, despite the logical force of such beliefs, will subject testimony to critical scrutiny and isolate what does not have the ring of truth, or what should appear suspect under any of the myriad tests used to determine credibility. Even jurors with preconceived notions about the outcome of the case can sit if they can render a fair and objective judgment based on the evidence. Irvin v. Dowd, 366 U.S. 717, 81 S.Ct. 1639, 6 L.Ed.2d 751 (1963).

CHOY, Circuit Judge, concurs in KENNEDY, Circuit Judge’s special concurrence.