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