BUILDING BLOCKS #8 & 9
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