what kind of jurors do you want as a defense lawyer

Good Jurors for the Defense From a defense standpoint, most of the jurors that look bad for the prosecution are good for the defense. You want people who can relate to the defense, and who were on the defending end of an injury case.

Full Answer

What kind of jurors are good for the defense?

From a defense standpoint, most of the jurors that look bad for the prosecution are good for the defense. You want people who can relate to the defense, and who were on the defending end of an injury case.

What do lawyers look for in jurors?

Lawyers look for jurors who will be fair and impartial. Paradoxically, they also look for people who are likely to be sympathetic to their side, and try to avoid those who may not be.

Can a criminal defense attorney strike a juror?

These allow either side to strike prospective jurors for any reason (other than discriminatory reasons). Sometimes, a criminal defense attorney will strike a prospective juror based on nothing more than a feeling the person would not be an asset to their side.

How do criminal defense attorneys select the members of a jury?

If you exercise your right to a trial by jury, the members of that jury will essentially hold your future in their hands. With that in mind, you may be wondering how criminal defense attorneys select the members of a jury. Your right to a trial by jury is found in the 6th Amendment to the U.S. Constitution, which reads as follows:

What are 3 qualities of jurors?

Here are five factors that you should explore in the course of empaneling the most effective jury for your case.Relevant Life Experiences. ... Social Pressure. ... Online Activity. ... Legal Opinions. ... Ability to Be Impartial.

What qualities make a good juror?

Thus, an effective juror must: (1) Be honest, forthcoming, and genuine; (2) Listen attentively and take good notes; (3) Ask questions if you do not understand; and (4) Listen to all the evidence prior to forming any conclusions about the case.

How do lawyers persuade the jury?

To persuade, lawyers must appeal to their audience. They must know whom they are trying to convince. In a jury trial, lawyers should establish juror profiles during jury selection to identify individuals likely to render a verdict in their client's favor.

Why do attorneys stare at jurors?

During voir dire, the attorneys scrutinize each prospective juror to try to determine if she or he would be sympathetic to one side or the other. The attorneys are also trying to determine if a prospective juror harbors any biases that would prevent them from being impartial.

What should I wear to not get picked for jury duty?

Overtly casual clothing is also barred, which includes graphic t-shirts, tank tops, or open-toed shoes. Hats or head coverings are not allowed unless they are in relation to religious purposes. When dressing for jury duty, one should keep business casual in mind.

How do lawyers argue?

Lawyers stick with the topic. Subjective opinions are not objective facts. No matter what strategies the opposing side uses to distract you from the main issue, or how tempting it is to draw in other connections, a good lawyer always brings the argument back to the original point.

How do you write like a lawyer?

Focus on ClaritySay what you mean. Don't presume the other person knows what you're thinking. ... Don't use wavering language. If you use the words "perhaps" or "maybe," you leave room for interpretation and equivocation. ... Use short sentences. Short sentences keep you focused. ... Use plain English.

How do you persuade a jury?

Persuasion is key in court cases and one of the best tools to persuade the jury is an expert witness. Witnesses are brought in for trials as tools to strengthen your claims and overall case through their expert testimony.

What are 2 things a juror should never do?

Don't lose your temper, try to bully, or refuse to listen to the opinions of other jurors. Don't mark or write on exhibits or otherwise change or injure them. Don't try to guess what might happen if the case you have heard is appealed.

How can I be a good jury foreman?

Generally, those selected as a jury foreman tend to be well-educated, assertive people who have been on juries before....Selecting a Jury ForemanPatience.Organization.Good communication skills.Professional experience.Leadership abilities.Confidence.

How does a jury reach its decision?

All jurors should deliberate and vote on each issue to be decided in the case. When it is time to count votes, it is the presiding juror's duty to see that this is done properly. In a civil case, the judge will tell you how many jurors must agree in order to reach a verdict.

Do jurors take notes?

Most judges allow jurors to take notes during trials. At the commencement of the trial, the jury is handed small notepads and pencils for note taking. The judge also typically gives the jury some basic administrative instructions about what to do with the notebooks when they are finished each day.

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.".

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.

Can a judge refuse to excuse a jury?

The remaining jurors might resent the attorney for making a for-cause challenge, and the judge may even refuse to excuse the juror (if he or she is not persuaded that cause exists). In either case, the harm to the attorney's client might outweigh the harm of keeping the person on the panel.

Can an attorney challenge a jury?

When an attorney wants to challenge a juror for cause, they must state to the court the reason for that challenge. Even though the number of such challenges is unlimited, attorneys do not generally exercise very many because of the difficulty of accusing a prospective juror of bias or other incompetency to serve.

Your Right to a Trial by Jury

Your right to a trial by jury is found in the 6th Amendment to the U.S. Constitution, which reads as follows:

How Are Potential Jury Members Selected?

In the State of Nebraska, a jury will consist of either 6 or 12 people, depending on the level of the offense. More serious offenses will have a 12-member jury while less serious offenses are made up of a jury of just 6 people, along with an alternate juror.

Contact Us

If you are currently facing criminal charges in the State of Nebraska, it is certainly in your best interest to consult with an experienced Nebraska criminal defense attorney right away. In Nebraska contact the criminal defense attorneys at Petersen Criminal Defense Law 24 hours a day at 402-509-8070 to discuss your case.

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.

How to determine how potential jurors will react to that trial strategy?

The defense lawyer might attempt to determine how potential jurors will react to that trial strategy by asking questions about the right to “stand your ground,” to defend your property, to possess firearms, and to protect others from harm.

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 happens if you don't use questionnaires in court?

If questionnaires are not used, lawyers or judges simply ask all of their questions in open court. Potential jurors may be questioned as a group or one at a time.

What happens if a jury is negative on a firearm?

If the jurors, however, satisfy the judge that they can be fair and impartial despite their personal views on firearms, the judge will deny the attorney’s request.

Why would a potential juror ignore the judge's instructions?

Similar personal experiences could cause a potential juror to ignore the judge’s instructions to decide the case based on the evidence and the law without “passion or prejudice.”. When a potential juror has had a life experience closely resembling the facts of the case, that person will likely be excused by the court.

Can potential jurors be questioned?

Potential jurors may be questioned as a group or one at a time. Once preliminary issues, such as juror availability and competency have been covered, lawyers and judges move on to more substantive questions.

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 does the defense look for in a lawsuit?

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

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.”

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.

Do attorneys pick their jurors?

But there are a few general traits attorneys take into consideration when trying to decide whether you’d help or hurt their argument. Attorneys don’t get to pick their jurors.

What is the most important thing to remember when identifying jurors favorable to your case?

Still, the most important thing to remember is that if you identify jurors favorable to your case, those same jurors are the worst jurors for your opponent, so you’ve done opposing counsel a big favor by identifying and prioritizing their cause and peremptory challenges.

What are the things that are important in a case?

A lot of other important things, such as: Personal experiences, specifically those that mirror the experiences of parties and witnesses in your case . Attitudes related to your case themes. Attitudes toward government regulation. Attitudes toward jury damage awards.

Is demographics predictive of jury verdicts?

Demographics Are Rarely Predictive of Juror Verdicts. Unless your case involves discrimination or issues directly related to a specific set of demographics, such characteristics have very little, if any, influence on a juror’s verdict leaning. Every woman is different and has different attitudes and experiences.

Why is it important to get your defense in front of the jury?

It is very important to get your defense in front of the jury as soon as possible to start to chip away at the assumption that most people have that the defendant is guilty or he would not be on trial. Reasonable doubt must be planted as soon as possible.

How to be good at jury picking?

It takes years of experience and many trials to learn how to be good at picking a jury, and even them some lawyers just never figure it out. Be myself. A lawyer, myself included, must use his own personality as he speaks to a jury. It never works to try to be someone you are not.

Can a criminal defense lawyer win a case if he picks the wrong jury?

I have often said that a criminal defense lawyer can lose a case if he makes an error during the trial even though he picked the right jury. However, he can NEVER win the case if he picked the wrong jury regardless of how brilliant he is during the rest of the case.

Can a juror say yes or no?

The juror can give a simple yes or no and you really have not discovered much about his true opinion. The more you can get the juror to talk the more likely it is they will reveal their true opinions and bias. Watching body language. Witnesses sometimes lie and so do jurors (Gasp – no you don’t say!)

What is the crowd of people who show up at the courthouse with jury summons in hand called?

The crowd of people who show up at the courthouse with jury summons in hand are known as “venirepersons, ” which means that they are potential jurors (the group is called “the venire").

Why do defense attorneys use peremptories?

Convinced that the juror would not be fair , the defense attorney uses one of his peremptories to excuse her. Another theory for the use of peremptories is that by letting each side dispense with the most unacceptable members of the jury, it results in a more middle-of-the road jury, one not subject to extreme views.

Why do lawyers not use peremptory?

Although lawyers don’t have to give a reason for using a peremptory, they may not use them in order to rid the jury of people of a certain race, religion, gender, or other protected status. If a pattern begins to emerge—the prosecutor excuses every Black juror but no White members—the judge will intervene.

What are personal experiences that might affect the person's ability to judge the case?

Personal experiences that might affect the person’s ability to judge the case. While a venireperson’s experience with the subject matter of the case might make that person an informed juror, it might also make him a biased one. For instance, someone who has himself been the victim of a similar crime might be prone to project his trauma onto ...

Do criminal defendants have to answer jury summons?

Criminal defendants are entitled to a jury of their peers. Those jurors are practically drafted, called as a result of having registered to vote or after obtaining a drivers’ license. Failing to answer or lying on a jury summons is a crime, and "getting out of jury duty" is no easy task. Yet all courts provide for the questioning ...

Can a judge reject a juror?

Lawyers can ask a judge to reject potential jurors who are biased or incapable of following the law. They can also toss a certain number of unbiased jurors for almost no reason at all…as long as it’s not an improper reason.

Your Right to A Trial by Jury

How Are Potential Jury Members selected?

Picking The Jury – The “Voir Dire” Process

• The process of picking a final jury (formally known as “voir dire”)begins on the day of trial when an initial group of people are called into the courtroom from the jury pool. The judge, the prosecutor, and the defense attorney may then question the prospective jurors. Questioning prospective jurors is somewhat of an art form because an attorney do...

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