how does jury selection and a lawyer make or break a case

How do attorneys pick their jurors?

Jan 31, 2019 · Jury selection allows the attorney to establish a relationship with the jury. Jurors make judgments immediately from their first impression of the trial attorney. It is important to realize that jurors can be suspicious of trial attorneys and the court system.

Can you choose your team members on the jury?

A jury selection can make or break any case. If a jury includes individuals with inherent bias toward the topics or people to be discussed in court, this could result in an unbalanced decision that might not represent the best carriage of justice for all parties involved. Having an impartial jury is paramount to the proper carriage of justice in a trial by jury.

What should jurors look like in court?

The jury selection process begins with the judge explaining the process to the jurors who have been called in to the court, and giving them some initial instructions. The judge also has the jurors take an oath to tell the truth when they are asked questions by the judge and the lawyers during jury selection. Jurors are randomly selected.

What do juries talk about when they deliberate?

Despite the fact that jury selection can make or break your case, lawyers often do not devote enough time to learning about jury selection, or prepare adequately. ... Hirschhorn is a lawyer and celebrated jury consultant, who has helped select juries in cases resulting in over $35 billion in verdicts, and has consulted in several high profile ...

What is jury selection?

JURY SELECTION. Jury selection is the first stage of a jury trial. The court will send out notices to people in the community ordering them to appear for jury duty. For trial, they will call in the number of jurors they believe is necessary to seat a jury.

What happens if the jury cannot agree on a verdict?

The judge can continue to read the instruction telling the jurors to try harder to reach a verdict, but at some point, if the jury still cannot agree, the judge will declare a mistrial. If a mistrial is declared, a new trial will be scheduled, and the process will start over again with a new jury.

What is the opening statement of a criminal case?

The opening statement in a criminal case is a verbal statement made by the attorneys to the jury that describes what the attorneys expect the evidence during the trial will show the jury. The prosecutor will give their opening statement first.

What is the closing argument in a trial?

This is a verbal statement to the jury summarizing the evidence, and making arguments to the jury about what the evidence means regarding guilt or innocence. The prosecutor will be first to give their closing argument to the jury. Then, the defense attorney will give their closing argument.

How many jurors are there in a misdemeanor case?

In misdemeanor cases, the number of jurors who will ultimately decide the case is six. For felony cases, that number is twelve. The court has to call in significantly more people than that, however, because some jurors will be released based on challenges from the attorneys. Timing of Jury Selection.

How many peremptory challenges are there in a felony?

There are a limited number of peremptory challenges in each case. In misdemeanor cases, the defendant and the prosecutor each get five peremptory challenges. In felony cases that are punishable by less than life in prison, the defendant and prosecutor each get seven peremptory challenges.

Can a defendant be forced to testify?

This is the point in the trial where the defendant must decide if they will testify in front of the jury. The defendant cannot be forced to testify, like all of the other witnesses can be. If you are going to testify, it is important that you extensively prepare for that testimony with your defense attorney.

What do you know about jury bias?

Included in this book are the five types of juror bias, how to identify it when jurors try to hide it, how to develop your trial story acknowledging the effect of common biases, the value of focus groups, and much more. This is one you should not miss.

What is jurywork?

Jurywork by the National Jury Project provides expert advice, methods, and strategies for effectively handling civil or criminal jury trials. This massive three volume set synthesizes law, sociology, and psychology to help improve jury selection and communication with jurors. The book provides insight into case analysis, trial preparation, juror attitudes, and jury selection questions.

Why is voir dire important?

Experienced advocates recognize that a case may be won or lost before opening statements. Without an impartial jury, it is very difficult to win despite the facts of your case or your performance. For this reason, many trial lawyers and trial consultants argue that voir dire is the most important part of a trial.

What is David Ball's Damages 3?

Widely referred to as “the bible” of handling plaintiff personal injury cases, David Ball on Damages 3 is a “must read” book for plaintiff lawyers. David Ball is considered by many to be the leading civil litigation trial consultant in America. Damages 3 provides specific instructions on how to handle every part of your trial, from voir dire to closing. Many of the issues raised in the sections on jury selection cover topics you might not think are important to ask jurors until your failure to ask results in a loss or a compromised verdict. Sample voir dire questions are provided. The 3rd (white) edition of this book contains substantially more information than the prior (red) edition, and is the only place where the concepts of the Rules of the Road™ method is integrated with the Reptile™ method of trying cases.

Who is Herbert Stern?

Herbert Stern is a legendary trial lawyer and judge who wrote a five book series in the 1980s and 1990s covering each section of a jury trial in depth. Some consider it to be the greatest set ever published for litigators. This volume on voir dire and opening covers both criminal and civil cases. View Details.

Who is David Wenner?

David Wenner is a nationally recognized trial lawyer and trial consultant.. He is perhaps best known for his work on juror bias and decision making. Along with Greg Cusimano, he created the Jury Bias Model™ and has long been an authority on the topic, lecturing across the country on overcoming juror bias.

Who is Eric Oliver?

Facts Still Can’t Speak for Themselves. In this book, Eric Oliver, one of the nation’s leading trial consultants, takes a deep dive into cutting edge research in communication, human judgement, perception, and influence that breaks down the process of turning abstractions into effective persuasive practices.

What is the question asked by jurors?

One common question presented to jurors is, “Are there any religious beliefs that prevent you from passing judgment on another person?” Frederick says this is to weed out people whose faith might impede their ability to view a case objectively .

What is the hair style of jurors?

Open and receptive jurors, according to the Synchronics Group Trial Consultants, will have hair that is “casual and naturally flowing, rather than highly styled or gelled or plastered to the head … Beards and mustaches will be natural looking, rather than designed and sculpted.” The old adage says you can’t judge a book by its cover, but attorneys will certainly try.

What happens if you don't vibe well with an attorney?

Indeed, research shows that if you don’t vibe well with an attorney, you’re more likely to decide against their argument. “One attorney told me, 'If I can tell they don’t like me, I get rid of them,’” King says.

What are some examples of bias in law enforcement?

For example, “if it’s a medical malpractice case and there’s a woman and all of her friends are nurses, that might bias her a little bit,” says Matthew Ferrara, Ph.D, a trial consultant and forensic psychologist. And if you have friends or family in law enforcement, that’s a big red flag. “In a criminal case, relationship to someone in law enforcement is paramount,” Ferrara says. “People who are probation officers, police officers, jailers or are related to the same type of profession would be probably viewed as biased toward the prosecution.”

Why do people wear casual shoes?

According to the Synchronics Group Trial Consultants, a “nurturing, open, receptive and generous person” will likely wear casual shoes “with plenty of room for the toes, because these people don't want to be hemmed in . No pointy tips. The heels will be low, because open people want to be able to move around easily.

What chapter of the Code of Criminal Procedure governs jury selection?

Before any strategic discussion of jury selection particular to a sexual assault case can occur, it is imperative that we be familiar with the law governing jury selection, in general. Chapter 35 of the Code of Criminal Procedure governs jury selection. While it is prudent to read the whole chapter, ...

How many peremptory challenges are there in a capital case?

Where two or more defendants are tried together, the State shall be entitled to eight peremptory challenges for each defendant; and each defendant shall be entitled to eight peremptory challenges.

What are the challenges to the death penalty?

(b) A challenge for cause may be made by the State for any of the following reasons: 1 That the juror has conscientious scruples in regard to the infliction of the punishment of death for crime, in a capital case, where the State is seeking the death penalty; 2 That he is related within the third degree of consanguinity or affinity, as determined under Chapter 573, Government Code, to the defendant; and 3 That he has a bias or prejudice against any phase of the law upon which the State is entitled to rely for conviction or punishment.

Is sexual assault a time consuming case?

Sexual assault cases are some of the most challenging and time-consuming cases. They are also some of the most daunting. But when you start early and frame the issue correctly, jury selection can set the stage for a successful result.

What is a challenge for cause?

(a) A challenge for cause is an objection made to a particular juror, alleging some fact which renders the juror incapable or unfit to serve on the jury. A challenge for cause may be made by either the state or the defense for any one of the following reasons:

Who is Sarah Roland?

Sarah Roland is the editor of Voice for the Defense. She attended undergraduate school at Baylor University, then attended law school at Texas Tech. From 2006-2011, she worked for Jackson & Hagen. In 2011, she opened her own practice in Denton. Sarah was chosen as a Super Lawyer for 2017 in the state of Texas, as well as being awarded the Hal Jackson Award by the Denton County Criminal Defense Association. She ranks as a top lawyer in the area through her trial work. She primarily serves clients in Denton, Dallas, Collin, and Tarrant County. Sarah also handle cases in Wise and Cooke County.

What is the theme of a trial?

It is imperative that the theme of the case be woven seamlessly throughout the trial beginning in jury selection. Whether it’s a false allegation, a revenge allegation, or a bad investigation, the theme of your case should be apparent in jury selection through your statements and questions. This is where we first frame the issue for the jury.