how lawyer pick jury

What's the fair way for lawyers to choose jurors?

 · Voir Dire is the process of interviewing potential jurors, a preliminary interview where each side gets to talk to the jury. This is a key part of how lawyers pick jurors. It affords the attorney the opportunity to work out bias, pick those jurors that will most benefit their case, and eliminate those who present a danger or a problem.

What do attorneys look for in jurors?

 · The process of picking a jury is called Voir Dire. Picking a jury is a very important step and requires skill and experience. Most lawyers will tell you that the way they pick a jury does not win cases, but it can certainly lose cases if not done correctly. Each lawyer may have a unique style in choosing the best jurors to hear and decide the case.

How does selecting a jury really work?

 · How Lawyers Pick Juries. Former Minneapolis police officer Derek Chauvin is led away in handcuffs after a jury found him guilty of all charges in …

How do criminal defense attorneys pick a jury?

How Lawyers Choose Juries Criminal defendants have a Sixth Amendment right to a public trial by an impartial jury. An impartial jury must represent a fair cross-section of the community, which begins with a jury pool and then jury selection. By Deborah C. England Please answer a few questions to help us match you with attorneys in your area.

Why is it important to pick a jury?

Picking a jury is a very important step and requires skill and experience. Most lawyers will tell you that the way they pick a jury does not win cases, but it can certainly lose cases if not done correctly. Each lawyer may have a unique style in choosing the best jurors to hear and decide the case. On the day of a trial ...

What is the ideal jury?

The ideal jury for both sides is one that will decide the case on the evidence and law given to them by the judge, even if they disagree with the law or the evidence personally. Theoretically, the process should be free from personal bias. However, as a practical matter each of us will draw on our own biases and experience to decide the case. This is why it is so important for your lawyer to carefully question the potential jurors to expose any bias or reasons why they may not decide the facts of this case in a fair manner.

What does a plaintiff lawyer want?

For the plaintiff, you usually want someone who is liberal-minded who has no problem awarding money to victims of personal injury. Thus, the plaintiff's lawyer will question the potential jurors on their feelings about lawsuits and people who sue.

How many names are asked in a jury question?

Once the judge concludes the brief questioning, the plaintiff's lawyer is allowed to question the potential jurors. Most courts will call twelve names from the fifty potential jurors seated in the courtroom. Those individuals are asked to come sit in the jury box, where the lawyer's questioning will proceed. Your lawyer will have ...

How many challenges can a judge have to eliminate a jury?

Most states allow each side 6 challenges or strikes to eliminate unwanted jurors for any reason (other than race). Each side may also ask the judge to eliminate jurors for cause. However, the judge has the sole discretion as to whether the reason given is sufficient to amount to a cause to be excused. The lawyers and the judge will decide which jurors are eliminated and which are acceptable to the parties outside of the hearing range of the jury.

How many jurors are there in a trial?

Depending on the court, they usually bring in about 50 potential jurors. Those jurors are assigned numbered seats in the courtroom.

How old do you have to be to be a juror?

These minimum qualifications may include a requirement that a juror be at least 18 years old, a citizen of the United States, and a resident of the county or parish where the case is being tried for some period of time, usually one year.

Why do judges call prospective jurors to the jury box?

The answers help weed out people who truly cannot serve as jurors due to physical, language, or irresolvable family or other conflicts. Then, the judge calls smaller groups of prospective jurors to the jury box for individual questioning by the attorneys (and often by the judge, too).

How to challenge a jury?

Each attorney has an unlimited number of "for cause" challenges which are, as the term suggests, based on a specified reason or "cause" to challenge the prospective juror. A prospective juror may be challenged for cause because of: 1 exposure to pretrial publicity about the case, 2 a connection with a party, an attorney, the judge, or a witness in the case 3 experience as a victim of a crime that is similar to that being tried 4 a religious prohibition on imposing a sentence or otherwise fulfilling his or her role, or 5 gender, race, or other bias.

What did the Supreme Court rule about the race of a prospective juror?

Supreme Court ruled that a prosecutor's peremptory challenges of African-American prospective jurors based on their race violated the prospective jurors' Equal Protection rights under the Constitution. ( Batson v. Kentucky, 476 U.S. 79 (1986).) The Court reasoned that challenging a juror based on his or her race, because the attorney believes the juror could not be impartial to a defendant of the same race, assumes that people of a certain race cannot be unbiased. This assumption violated the challenged jurors' Equal Protection rights.

What are the two types of challenges that a lawyer may ask a prospective juror?

After questioning prospective jurors, each side's attorney may challenge certain jurors using two types of challenges: "for cause" and "peremptory.".

What is the term for a jury questioning?

This questioning is called "voir dire" (v war deer), which comes from an Old French term for "to speak the truth."

Why is a prospective juror challenged?

A prospective juror may be challenged for cause because of: exposure to pretrial publicity about the case, a connection with a party, an attorney, the judge, or a witness in the case. experience as a victim of a crime that is similar to that being tried.

Why do attorneys present their cases to mock trials?

Some attorneys present portions of their case to focus groups of randomly selected area residents to see how people respond. Others present their cases to colleagues in mock trials to obtain feedback as to how jurors might respond to their presentation of evidence and their closing arguments.

How do lawyers pick their jurors?

Attorneys don’t get to pick their jurors. Instead, using a mixture of intense questioning, keen observation, and stereotyping, they get to eliminate people they think would hurt their case. “It’s not like a baseball team where you can choose your team members,” says Jeffrey Frederick, Director of Jury Research Services at the National Legal Research Group and author of Mastering Voir Dire and Jury Selection. “It’s not who I want, it’s who I don’t want. What we try to do is think of what backgrounds, life experiences, cognitive styles, opinions, and values jurors might have that would make them less receptive to our case.” Clues like demographics and personality can improve a lawyer’s chance of predicting a juror’s stance on a verdict by up to 15 percent. Here are a few things lawyers take into consideration when trying to figure you out.

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 does the defense look for in a lawsuit?

The plaintiff attorney or prosecutor will generally look for people more inclined to trust authority.

How to get dismissed from jury?

One quick way to get dismissed from a jury, according to Tom King , a former Deputy Prosecutor in Indiana, is to voice strong opinions about the legal system: “Say, ‘I’ve read about these criminal prosecutions where the police and the prosecutors made up evidence and I just don’t think it’s a fair system.’”

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.

Who can be pivotal in a verdict?

Leaders, contrarians, and independent thinkers can be pivotal in a verdict. These people have the potential to rally the rest of the group behind a unanimous decision, which is great for the plaintiff or the prosecutor.

What is the right to a jury trial?

The right to a jury trial for a serious criminal charge is guaranteed by the Constitution. Juries are also guaranteed in certain civil matters at the federal level and in most states. A jury is charged with finding the facts of the case after carefully reviewing the evidence and deliberating. But how are jurors selected ...

What are the requirements for jury duty?

The jury summons most likely will provide information about exemptions from jury service. These exemptions typically include: 1 Under the age of 18 2 Not a U.S. citizen 3 Have been convicted of a disqualifying felony 4 Not a resident of the county any more 5 Request to be Excused or Disqualified 6 Have a mental or physical disqualifying condition

How many jurors are there in a Voir Dire?

"Voir Dire" refers to the second stage of jury procedures, and is the process by which the court and the attorneys narrow down the pool of jurors to the 12 people that will decide the case.

What happens if there are no jurors left in a trial?

If there are remaining potential jurors left, they will be excused. Jury selection has been completed and the next phase of the trial will commence.

How many people are there in a jury trial?

Next, the judge will begin the process of juror's requests for dismissal. Out of the 100 prospective jurors, the judge is typically looking for twelve people and 2 or 3 alternates, but states vary on the number of jurors required. The process differs, but the prospective jurors will be given an opportunity to state reasons they should be excused. The judge does not have to accept any excuse, but will generally try to be accommodating. Valid excuses tend to be:

What does a judge do in a civil case?

The judge will give an introduction to the civil or criminal case and introduce all of the people in the courtroom. The judge will then state what the rules are and the procedures that will be followed for jury selection.

What is a list of potential jurors?

These lists are a compilation of information from the Department of Motor Vehicles, voter registrations, phone books, and other sources that would provide a list of potential jurors' names. From the compilation, names are randomly drawn.

What is jury selection?

Your objectives in jury selection are: 1) to build rapport with the jurors, forming a group to include you; 2) to educate the jurors, or to help them educate each other, about the issues in your case; and 3) to find and eliminate unfavorable jurors. If you use voir dire simply to find the jurors whom you want to strike, you're missing out on most of the value of jury selection.

What is the fourth simple rule for better jury selection?

So the fourth Simple Rule for Better Jury Selection is the 90/10 Rule: Let the jurors talk 90 percent of the time (or more) in voir dire

What is the hair in the food rule?

It's related to the "hair in the food" rule. If there's a hair in your food (and you should always assume that there is), better that you should find it; if your jurors have unpleasant or frightening ideas (and they always do), better that they should reveal them in jury selection than conceal them until deliberation.

What is the first date rule for jury selection?

So Rule 2 of the Simple Rules for Better Jury Selection was originally The First Date Rule: Treat jury selection like a first date with everybody on the jury panel. But "blind date" is a better metaphor, since the parties to a non-blind date have presumably each chosen the other, or at least formed first impressions.

What is the rule 8 for better jury selection?

The LSAT doesn't include a section of intuition puzzles. So Simple Rule 8 for Better Jury Selection is The Shrink (as in therapist) Rule: How Do You Feel About That?

How many rules does Mark Bennett have for jury selection?

Mark Bennett gives us 16 rules for better jury selection. Most of these rules are practical rules and hopefully should be known to most trial lawyers by now. Although I agree with many in principle, I disagree with some points and would also like to add several rules of my own.

Can jury selection run out of steam?

Or, if the judge doesn't limit your time, when you're conducting an organic unscripted jury selection, you and the jury will at some point all just run out of steam–endings are difficult to improvise.

What do attorneys look for in a prospective juror?

Attorneys will look for nonverbal cues to determine not only whether the prospective jurors are being truthful about their claims of impartiality but also whether they may be ideologically inclined toward one side or the other. Of course, attorneys are engaged in an intricate dance during voir dire, wanting jurors who appear impartial—to avoid being challenged by the other side—but are really leaning in favor of their position. Lawyers may challenge prospective jurors for cause (e.g., bias) but also usually have an allotment of “peremptory challenges” that can be used to strike jurors without any justification.

Can you be sure of a criminal case?

One can never be sure about any particular case , but as a general matter the standard of proof in a criminal case is extremely high—proof “beyond a reasonable doubt”—and jurors not infrequently find doubt in cases like this that involve competing versions of the event: the proverbial “he said, she said” situation.

Is it futile to find jurors who haven't heard of the case?

In high-profile cases like these involving a celebrity who enjoys a local, national, and even international following, it would be futile to try to find jurors who haven’t heard of the case; in fact, it would be futile to seek people who are unaware of the recent mistrial in the Cosby case. Instead, the goal is to ask questions aimed at finding jurors who, regardless of their familiarity with the case, can put aside what they have heard and look at the facts objectively and dispassionately.

What to do if you think you have found a juror who will favor your client's case?

If you think you’ve found a juror who will favor your client’s case, you’ll want to keep him on your panel. In that situation, you might not want to ask him anything, and simply make a positive note on your legal pad and hope your opponent doesn’t pick up on the body language.

What is the skill of jury selection?

An essential jury selection skill to master is the ability to see look past opinionated jurors (without alienating them) and identify the jurors who secretly agree or disagree with the opinionated juror, so that you can exercise your peremptory strikes more intelligently. In this article, you'll learn how to identify the jurors who favor your case ...

Why are opinionated jurors important?

Nothing could be further from the truth. These opinionated jurors can serve as a sounding board to help you identify favorable jurors, and they can also help you ferret out unfavorable jurors.

Why is jury selection important?

The two important goals of jury selection are picking jurors who will favor your client, and eliminating the jurors who will favor your opponent.

Why is it important to get the jury panel talking?

As you’ve heard me say before, it’s essential to get the jury panel talking if you want to discover what attitudes, beliefs, and life experiences they’ll bring into the jury deliberation room.

What to ask if you don't know what to ask?

If you don’t know what to ask, just use simplest follow-up question in the world: “Why?” It doesn’t matter what question you ask, just so long as it’s open-ended and gets him talking. (The best words to use when asking open-ended questions are “Why?” “How?” “Explain…” or “Tell us…”)

Do lawyers lie to jurors?

Every day, lawyers blatantly lie to potential jurors during jury selection. In courtrooms across the country, they repeat the exact same lie. You’ve probably heard this lie repeated in open court, and there’s a good chance you’ve said it yourself.