Mastering Jury Selection: Tips for Winning Your Case
Explore essential strategies for jury selection to enhance your chances of winning a case. Learn about pre-trial preparation, juror research, making a strong first impression, and more to guide you through the jury selection process effectively.
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HOW TO WIN YOUR CASE THROUGH JURY SELECTION TIPS AND SUGGESTIONS FOR PICKING THE BEST JURY
INTRODUCTION Each potential juror imports biases, prejudices, fixed through patterns and firmly held beliefs. Jurors begin to form opinions about you, your case, and your client immediately. Such opinions can have an impact on your entire case regardless of the strength of their evidence. The earlier an attorney prepares for the juror selection process the better their chances will be at selecting a beneficial jury.
THE FOLLOWING TIPS WILL HELP GUIDE ATTORNEYS IN THE PROCESS OF CHOOSING A JURY Begin pre-trial preparation as early as possible Juror Research First Impression Tailored Voire Dire Getting the most out of voir dire Challenging damaging jurors
BEGIN PRE-TRIAL PREPARATION AS EARLY AS POSSIBLE Time constraints during voir dire. Conduct research before juror selection begins Including deciding who the ideal juror would be and who could be potentially damaging. Then begin to research the specific potential juror pool and jurisdiction where the case will be tried. Be mindful that each jurisdiction s jury duty schedule and list vary.
JUROR RESEARCH Once a copy of potential juror list is obtained, there are several points of research that you should conduct It is extremely beneficial to learn the demographics and potential views of the juror pool. Voter registration list can be helpful. They will reveal: The name of the municipality Ward District Party affiliation Voter The street address of the voter.
JUROR RESEARCH In addition, research each town affiliated with your jurisdiction This will help identify the socioeconomic demographics of the potential jurors. This will also help you determine how you will try the case. You should be mindful of the venue s demographics to determine which types of potential juror leaders may exist. Once jurors are selected this research can and should continue in order to gain a more precise understanding of the jurors views and predict their biases.
FIRST IMPRESSION First impressions are crucial. Always keep in mind the demographic you are addressing and adapt accordingly. Be aware of your: Tone/Characteristics Attire Your client s overall appearance
FIRST IMPRESSION Tone/Characteristics: In order to connect and appeal to potential jurors, adapt the way you convey the case, the way you communicate with the potential jurors, and the level of sophistication used to communicate the subject matter. At the same time, exert a certain degree of expertise to instill confidence. Be aware of your body language. Attire: Dress in a professional manner. This includes not only your clothing but also the color of your clothing, the way your hair is styled, your makeup, your jewelry, and your shoes. Client s appearance: Your client should also be dressed in a professional manner, and convey with their appearance and body language that they are professional, trustworthy, and respectful.
TAILOR A VOIR DIRE You must tailor a set of questions that are appropriate to the specific case The questions should explore the most significant aspects of the case. Specifically: The age, race and gender of your party and the opposing party And the subject matter in dispute You should also tailor question that will encourage them to answer more candidly. Keep an eye on potential jurors body language when answering questions. A juror s discomfort may indicate that they will be reluctant to be as candid as you need.
TAILOR A VOIR DIRE Establish a friendly rapport with jurors. Mention similarities between you and the potential jurors. Avoid asking intrusive questions that are not necessary. Each jurors past experiences will elicit unique emotional responses You may need/want to ask some intrusive questions to determine which jurors will have a negative response . If you do make sure they are designed in order to elicit sufficient information quickly. For example, a question like
YOU SHOULD ALWAYS BE ASSESSING YOUR CASE THROUGH THE EYES OF A REASONABLE JUROR Many potential jurors have never sat on a jury and have little real-world experience with litigation and some potential jurors have little interest in serving on a jury. You should acknowledge this and express appreciation towards the jurors. Conduct voir dire in a way that respects their time and privacy as mush as possible.
CHALLENGING DAMAGING JURORS Exercising challenges is the main means by which you can influence the composition of the jury. Juror challenges fall into two categories: For Cause Preemptory challenges The makeup of your jury is so critical to the success of your case it is thus imperative to use your challenges strategically.
CHALLENGING DAMAGING JURORS When challenging a potential juror for cause, there is an unlimited number of strikes available Results in juror being excused where it can be shown that they could not be fair and impartial Preemptory challenges: Can be exercised on any basis (except race or gender) Limited in number Federal Court F.R.C.P. 47 and U.S.C. Section 1870 only allow 3 peremptory challenges State Courts varies from state to state in civil cases For example, N.J. Rule of Court 1:8-3 allows 6 N.Y. State Court allows 3
CONCLUSION Many of the tips discussed have proven valuable in setting the stage for a successful verdict via picking a jury.
