jury selection what does the lawyer know

by Gwendolyn Olson 10 min read

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 is the process of selecting a jury?

The Sixth Amendment of the Constitution guarantees the right to a trial by jury in criminal cases. Juries, then, are selected in a process known as “voir dire,” in which a group of both judges and attorneys determine a prospective juror’s competence and suitability for the case.

How old do you have to be to be a jury member?

To serve as a juror, a person must be 18 years or older, a U.S. citizen, have the right to vote, and live within the court’s jurisdiction.

What is the process of voir dire?

The judge will start the voir dire process by determining whether the jurors are legally qualified to serve on the jury (pursuant to the standards mentioned above).

Can a lawyer dismiss a jury?

However, a lawyer cannot use a peremptory challenge to dismiss a juror because of their class or race. Unlike challenges for cause, there’s only a limited number of peremptory challenges, and the allotted amount varies from state to state and according to the nature of the case (e.g., misdemeanor vs. felony, etc.).

Why do attorneys ask questions?

Attorneys ask questions of potential jurors to determine juror attitudes, biases, and their ability to truly be an impartial juror. The attorneys will inquire about you personally, and will also ask questions about your friends, families, and acquaintances.

Is jury duty a civic duty?

Jury duty is something that makes many people nervous. The courthouse procedures, the judge sitting stoically in a black robe, and the formality of the courtroom process can be intimidating. However, serving on a jury is an important civic duty.

Why do lawyers use jury selection questions?

The process of jury selection should result in a fair jury, though lawyers will often use the selection questions to make sure that jurors will be receptive to their theory of the case.

What is the process of jury selection?

The Process of Jury Selection (Voir Dire) The questioning of potential jurors follows different rules depending on the jurisdiction (that is, if the case is in federal or state court). Even within a jurisdiction, trial judges often have their own methods for picking a jury. But no matter where the case is tried, ...

Why do lawyers ask questions?

Experienced attorneys ask questions to get a sense of how a juror will respond to the evidence and arguments in the case about to be tried. In most federal courts, lawyers submit questions to the judge, who will then question the potential jurors in open court. In state courts, however, lawyers are typically permitted to question ...

What is the purpose of voir dire?

Its primary purpose is to make sure that the jurors can listen fairly and impartially to the evidence and render a verdict in accordance with ...

What is a peremptory challenge?

By using a peremptory challenge, a lawyer can dismiss a potential juror from the case without giving any reason to the judge.

Do lawyers have to explain the basis for peremptory challenges?

Though lawyers do not have to explain the basis for their use of peremptory challenges, they may not use them to discriminate against potential jurors based on race or gender. If opposing counsel claims such discrimination has occurred, the judge may require a lawyer to provide a non-discriminatory justification for the suspect peremptory challenges.

What is jury selection?

Jury selection is not only–nor even mostly–about selecting (or deselecting) jurors. 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.

How many jurors are there in the blind date rule?

In The Blind Date Rule, I pointed out that the 60 potential jurors, by the time they reach the courtroom, are no longer strangers to each other; they have formed a group.

Who is Paul Scoptur?

Paul Scoptur (www.paulscoptur.com) is a trial consultant and trial lawyer with Aiken & Scoptur, S.C. in Milwaukee, Wisconsin. He wishes he could still dunk a basketball. Mark Bennett gives us 16 rules for better jury selection.

What happens if the ball hits the floor in beer pong?

If the ball hits the floor, ceiling, wall or even leaves the room it can still be, and should be, hit back in the direction of the table." 2

How many heads are in the Field Trip Rule?

The group of The Field Trip Rule has 60 heads and 60 bodies, each one of which is throwing off communications cues every second. It is impossible for any lawyer, talking to 60 people, to listen to and record what one person says and how she says it while tracking the nonverbal communication provided by the other 59.

Who is Andrea Blount?

Andrea Blount, Ph.D. ( ablount@dbhjury.com) is a Psychologist, Trial Consultant and Partner with Dodge Blount & Hunter, LLP based in Seattle, WA. She applies her understanding of the interaction between psychology and the law within her practice in civil cases.

What is medical malpractice law?

Medical malpractice law is a fascinating area of law. It is technical. It is highly specialized and requires a great deal of knowledge of medicine as well as a high degree of trial skill. In this lecture, which was designed to teach lawyers who practice in other areas of law, what they need to know about medical malpractice law in New York. Lawyers across the country

Can a jury be excused?

You should know that if a potential juror is excused, they're not excused from jury duty. Instead, they go back to the main jury room filled with hundreds of other people waiting to be called to serve on a trial.

Can you be a jury without a lawyer?

Although you have a right to participate in jury selection, it is unwise to conduct a jury trial without a lawyer. If you already have a lawyer, discuss jury selection with him or her before the trial. However, if you do not have a lawyer, hire one ASAP. Do not delay.

Does the defendant have a say in who gets picked?

The direct answer to your question is YES, the defendant does have a say in who gets picked. Every day citizens are summonsed to Court for jury duty. This large group is called the jury pool. When the trial of a criminal case begins a number of people from the jury pool are brought...

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