what would you advise a young lawyer to consider as he prepares for jury selection

What makes a good lawyer for jury selection?

Finally, and perhaps most importantly, a good attorney in the process of jury selection will understand that nobody in the room is fair or unbiased, and that not a one of them cares about the case. By proceeding from this assumption, they have the best chance of finding a jury that may be willing to accept their position.

What are the objectives of 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.

Why is it important to pick the right jury?

Picking the right jury is the difference between winning and losing a case. The greatest mistake that an attorney will make is trying to find a jury that’s biased towards their side, rather than trying to find one that’s as impartial as possible.

Will you learn how to pick a jury without picking juries?

First, the view from 30,000 feet: without picking juries, you will never learn how to pick a jury.

What factors should influence jury selection?

5 Things to Look for in the Jury Selection ProcessRelevant Life Experiences. In selecting (or de-selecting) a potential juror, one important element to consider is the person's previous life experience as it relates to the case at hand. ... 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.

What methods would they use to pick their jurors?

Each district court randomly selects citizens' names from lists of registered voters and people with drivers licenses who live in that district. The people randomly selected complete a questionnaire to help determine if they are qualified to serve on a jury.

What are two types of challenges an attorney can make during voir dire?

After questioning prospective jurors, each side's attorney may challenge certain jurors using two types of challenges: "for cause" and "peremptory." By challenging a juror, the attorney is asking the judge to excuse that juror from the panel.

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.

What are three characteristics of a jury?

Juries are independent assessors and deciders of facts in legal cases....They must reach a unanimous/majority verdict.They have split function.Discussions are conducted in secret.

Why do lawyers ask questions of the jurors?

The attorneys can also ask questions designed to uncover characteristics or experiences that might cause potential jurors to favor either the prosecution or the defense. But the lawyers aren't allowed to ask overly personal questions, and they aren't allowed ask the jurors how they would decide the case in advance.

How are jurors selected quizlet?

Potential jurors are summoned for service from a list of registered voters and licensed drivers called the "jury wheel." Each party may challenge the array only on the ground that the officer summoning the jury willfully summoned jurors with a purpose of securing a conviction or an acquittal.

What is a challenge for cause during jury selection?

A challenge that aims to disqualify a potential juror for some stated reason. Typical reasons include bias, prejudice, or prior knowledge that would prevent impartial evaluation of the evidence presented in court.

What are two types of challenges an attorney can make during voir dire quizlet?

The attorneys may challenge some jurors and ask the Court to excuse them from the trial. There are two types of challenges; challenge for cause and peremptory challenge.

What type of challenge is one in which the attorney states the reason why a prospective juror should not be included on the jury?

These are called peremptory challenges. Each side may ask the judge to excuse particular jurors. If a juror is excused, this does not imply something bad and does not mean the juror is not competent. It frequently happens that a prospective juror will be excused in a certain case and accepted in a different one.

Who said jury selection is important?

This seminal quote from Clarence Darrow — the first great American trial attorney — rings true. Indeed, jury selection is a crucial part of every civil and criminal trial. It presents the first and only opportunity for the attorney to communicate with the jurors during the trial and allows him to test the themes of his case and to mold the jury into favorable fact-finders.

Why is it important to befriend the court staff?

It is equally important to befriend the court staff. Learn their names and understand their roles. The staff is there to help you move the trial along as quickly as possible. The jury is watching every step you take, including how you deal with the staff.

How to get rid of humor?

Evaluate your strengths and weaknesses to develop an approach that works for you. If humor isn’t your thing , try a different approach. Just be yourself. You know who likes you and who doesn’t. You know who will be sympathetic to your plight and who won’t. You know who is laughing at your jokes heartily, or nervously. Your client, colleague and jury consultant can be good sounding boards to determine who you want to keep and excuse.

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 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 MacCarthy's Bar Rule?

The MacCarthy's Bar Rule is: Talk in jury selection like you would talk in a barroom. This rule is in part a matter of word choice: don't use lawyerly words. If you might have to define a word for the jury, find some substitute that you won't have to define.

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.

Do you have to be a jury consultant to be a jury consultant?

Get someone on your team to pick the jury. It doesn't have to be a jury consultant. Second-chair jury selection is an excellent assignment for a young lawyer seeking trial experience, but your assistant doesn't even have to be a lawyer.

Is jury selection better than watching?

Reading about jury selection is better than asking other people for their scripts, and watching jury selection (good, bad, or ugly) is better than reading about it, but there's no substitute for getting up in front of 24 or 60 1 people and trying to get them talking about what they feel and believe.

Should you reveal hair in food?

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.

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.

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.

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!)

Why do lawyers pick jurors?

Selecting the jury is the only time an attorney has the opportunity to discover the life experiences, biases, beliefs, and attitudes of the people who will decide their case. The last thing any attorney wants is for bias to come out during the trial. Thus, how lawyers pick jurors is an essential indicator of the experience and knowledge ...

What is jury selection?

Jury selection is a bit like ping pong, volleyball or tennis game where there’s no out of bounds. The ball is always in motion, and there’s a constant back-and-forth going, where it’s important to always react to what you’re getting, without hesitation.

What is the good and bad about a plaintiff juror?

When the plaintiff picks jurors, they’re looking for those who are very sympathetic, who are willing to view the prosecution as the victim in the case. Very often, union employees make for good prosecution jurors as they are used to fighting injustice.

What is the purpose of a plaintiff telling a jury a story?

The plaintiff will tell a jury a story of how their client was victimized by the defense, how they’ve suffered at the hands of the defendant.

What does "undesirable" mean in jury selection?

In this case, “undesirable” means people who are likely to sympathize with the defense.

Is a jury good for the defense?

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.

Can a lawyer do all the planning?

A lawyer can do all the planning they like, but when they’re face-to-face with potential jurors and the other side has their say, all that planning can go out the window. You have to be willing to adapt, adjust, and go with it. It’s in many ways kind of like a blind date.

What are the factors to consider when selecting a jury?

Here are five factors that you should explore in the course of empaneling the most effective jury for your case. 1. Relevant Life Experiences. In selecting (or de-selecting) a potential juror, one important element to consider is the person’s previous life experience as it relates to the case at hand. For example, if a juror has ever been the ...

What is jury selection?

The jury selection process is an intriguing — and high stakes — venture into the subtle terrain of human nature. As you meet and interview all members of your venire, you’ll primarily be looking for reasons to de-select the individuals who bring a bias that will run against your case. Here are five factors that you should explore in the course of empaneling the most effective jury for your case.

Why is it important to seat a jury?

While juries engage in collaborative thinking and discussion, it’s essential to seat jurors who have the courage of their individual convictions. For this reason, your jury selection process must uncover and eliminate any juror who seems ...

What is personal bias in jurors?

Personal bias results from numerous factors. For example, a juror may simply know too much ahead of time about a case, even if they claim that they haven’t formed any opinion about it yet. You want your jurors to learn about the case during the course of the trial, not to come in feeling that they already know what happened. Having to work against the bias of press coverage is not optimal when presenting the facts in the courtroom.

Why is it important to examine the suitability of such knowledgeable (or pseudo-knowledgeable) people?

In fact, it’s very important to closely examine the suitability of such knowledgeable (or pseudo-knowledgeable) people because they can often prove stubborn in actual deliberations. Furthermore, there’s a risk that they could attempt to use their legal knowledge to influence their fellow jurors. 5. Ability to Be Impartial.

Is jury experience good?

Jurors’ life experience, and the common sense that it can instill, is a positive quality — but only if it’s free of specific events that somehow trigger an emotional reaction to your case. 2. Social Pressure. The justice system depends on each member of a jury being confidently able to express their personal opinion.

Can a voir dire jury be impartial?

However, the relevance of any specific life experience can be very subtle, and the voir dire process must seek to uncover unconscious biases that may influence a juror’s ability to be impartial. In a case involving negligence that harmed ...

No. 1 — Know Your Judge.

No. 2 — Befriend Court staff.

No. 3 — Script Your Questions, But Don’T Be Tied to them.

• Don’t wing it. With countless pre-trial deadlines looming, it can be difficult to ensure that you’re adequately prepared for arguably the most crucial part of jury selection — getting to know your potential jurors. As J. W. Donovan stated in Gilda Mariani’s article, “Peremptory Challenge — Divining Rod for a Sympathetic Jury,” it is imperative to n...

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No. 4 — Go with Your gut.

No. 5 — Be A Savvy Observer.

No. 6 — Explain The Entire Process, from Beginning to End.

General Questions

Questions About Jury Nullification

• You understand that you are to follow the law as the judge explains it to you. Correct? Instead of this: 1. "That is not true. Jurors have the right to judge the law for ourselves in addition to the facts of the case." Can you truthfully say: 1. "Yes." (Keeping silently in mind that you are answering under the good faith assumption that the judge w...

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Questions About Police

Questions About Specific Issues

Questions About The Death Penalty