texas jury speeding voir-dire prima-facie-speed-limits
Can I ask potential jurors in a prima facie state if speeding is legal?
<p>In some jurisdictions, e.g., Texas, driving faster than the posted speed limit is only the prima facie evidence of an unreasonable speed, where, if charged with a violation, one could still argue in the court of law, in front of a jury of one's peers, that the speed was nonetheless safe, reasonable and prudent.</p>

<p>Some potential jurors may be too conservative to appreciate the intricacies of the law (especially if such ideas are very new to them), or hold a grunge against people going over the posted speed limit.</p>

<p>What would be the best way to determine such bias during Jury Selection (Voir Dire)?</p>

<p>Can you ask potential jurors simple questions like:</p>

<ul>
<li>"Do you think exceeding the posted speed limit is illegal?"</li>
<li>"Do you think that the posted speed limits should never be exceeded?"</li>
<li>"Do you think that people exceeding the posted speed limit are guilty, and should pay a fine?"</li>
</ul>

<p>It is the job of the judge to instruct the jury about the law. If Texas had pattern instructions I'd look up what the instruction is for this matter, but you don't, so I don't know what the judge would say. But it is the judge's sole prerogative to instruct the jury in the law.</p>

<p>If the question is a "commitment question", then it is an improper question and should be disallowed, see <a href="http://caselaw.findlaw.com/tx-court-of-criminal-appeals/1483493.html" rel="noreferrer">Stendefer v. State</a>. The question "Would you presume someone guilty if he or she refused a breath test on their refusal alone?" is such a commitment question, and is disallowed. Similarly, "If the evidence, in a hypothetical case, showed that a person was arrested and they had a crack pipe in their pocket, and they had a residue amount in it, and it could be measured, and it could be seen, is there anyone who could not convict a person, based on that" (<a href="https://casetext.com/case/atkins-v-state-11" rel="noreferrer">Atkins v. State, 951 S.W.2d 787</a>). An improper commitment question could be of the type "could you refrain...":</p>

<blockquote>
  <p>Let us assume that you are considering in the penalty phase of any
  capital murder case, okay?   And some of the evidence that has come in
  shows that the victim's family was greatly impacted and terribly
  grieved and greatly harmed by the facts․Can you assure us that the
  knowledge of those facts would not prevent you or substantially impair
  you in considering a life sentence in such a case</p>
</blockquote>

<p>(<a href="https://www.courtlistener.com/opinion/2372264/penry-v-state/" rel="noreferrer">Penry v. State, 903 S.W.2d 715</a>).</p>

<p>One way in which a commitment question can be legal is if it asks basically "can you uphold the law?", for example "can you consider probation in a murder case?", or "are you willing to consider mitigating circumstances". The wrong answer to those questions will lead to a for-cause dismissal.</p>

<p>The third question is flagrantly improper, the first is rather improper, and the second probably is. If the question can be framed in terms of a candidate's willingness to follow the law, then it should be legal.</p>

<p>Questions of law aren't proper in jury <em>voire dire</em>.</p>
<p>You could ask <em>voire dire</em> questions intended to get at the same point. But you can't ask them what the law actually says.</p>
<p>Also, jury trials for speeding offenses are rare, although some states allow them. I don't know if Texas is among them.</p>
