BUILDING BLOCKS #8 & 9

 

JURY SELECTION

 

At the end of the course you should be able to perform the following with respect to the selection of a jury:

 

1.                  Identify the GOALS of jury selection:

 

 

                    Establishing the theme of your case

 

                    Identifying those prospective jurors who do not satisfy the statutory requirements for serving or who cannot be fair in considering your case

 

                    Identifying fundamental attitudes of prospective jurors

 

                    Establishing your credibility

 

                    Establishing your leadership role

 

                    Educating prospective jurors about the facts of your case

 

                    Identifying those prospective jurors with whom you have positive rapport and those with whom you have negative rapport

 

 

2.                  PREPARE to conduct an effective voir dire by:

 

                    Determining the types of persons who are likely to be most receptive to your case theme and theory

 

                    Developing a system to evaluate prospective jurors

 

                    Developing a jury questionnaire in complex case and cases involving sensitive or privacy issues

 

                    Studying procedural and statutory rules, local procedures for the particular jurisdiction and judge.

 

                    Determining who conducts the voir dire, time permitted for jury selection, number of peremptory challenges, bases for challenges for cause and other governing rules

 

 

 

3.                  EXAMINE prospective jurors by:

 

                    Asking open-ended questions beginning with who, how, why, explain, etc.

 

                    Using understandable language

 

                    Looking for non-verbal communication, body language, how prospective jurors interact with one another, the types of books and magazines they carry with them, etc.

 

                    Listening to answers and following up when necessary

 

                    Not embarrassing prospective jurors by asking prying or personal questions in front of panel or making fun of them

 

                    Exposing weaknesses of your case

 

                    Establishing credibility