Mastering Jury Selection: Insider Tips and Strategies
Explore essential insights and strategies for successful jury selection in legal proceedings. Discover the importance of jury selection, effective preparatory techniques, considerations for the voir dire process, and post-jury evaluation. Gain valuable perspectives on the significance of race, gender, and diverse representation in forming an optimal jury. Uncover expert advice on navigating new sentencing laws and maximizing the potential of a jury panel.
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Presentation Transcript
The Perfect Jury Almost every case has been won or lost when the jury is sworn. -Clarence Darrow Joanne Pe a, Investigator Petersburg Office jpena@vadefenders.org 804.382.4076 (cell)
I: A disclaimer II: Why judge/jury? III: Prepping for the jury IV: Voir Dire V: Post jury round up
A disclaimer Part I
What I am describing here today is what I do in Petersburg Your office may have difference practices, fewer/more/different resources, etc What I hope is that take one or two useful things away from this training that helps your jury mojo. Race, gender, etc must be considered
Why judge or jury Part II
New laws for sentencing. Better shot with 12 people than a judge All you need is 1 juror!
Jury prep Part III
The list The jury list contains all the names of the people who have been selected for jury duty for that particular Trial date, or Term of court
Who are potential jurors? Random people in the community Voter registration role DMV list of licensed drivers Client: I want a jury of my peers
Number of jurors The number of potential jurors subpoenaed to come to court depends on your jurisdiction and the type of trial 1 day jury on possession = 30 -45 jurors 5 day murder trial = 60 -100 jurors or more
Get the list ASAP Under VA code section 8.01-353 It should be provided to counsel 3 days prior to the jury date. 8.01-351: name,address,age, employer, and occupation You might have a jury administrator Make friends
Time to background You need to complete a thorough background check of the names on the jury list 30-45 person list Approximately 4-6 hours
Backgrounding -where to start? Look through VA Court system All case information link Look for previous charges, dealings with an officer in your case, etc. CMS
Real Estate Records Jurors who own a home tend to be more invested in their community Check assessor records: Includes spouse information Do they live in close proximity to your client or the crime scene?
Watch yourself! CAUTION: DO NOT MAKE CONTACT WITH ANY POTENTIAL JUROR
Run each name through ALL the social media platforms Facebook Snapchat Youtube Twitter Instagram Google Plus LinkedIn TikTok
Facebook, IG, etc Photos or videos of kids, self, etc Photos of interests Articles shared or liked Employment Tags Likes Friends Followed
LinkedIn Many people post their resume here You can learn a lot about a person by looking at Education history Work history
Twitter hashtags #jury #{yourjurisdiction}jury i.e. #Petersburgjury #juryduty #jurydutysucks Continue to check twitter during your trial!
Obituaries -family information Read the guests books and comments I hope the police get the person who murdered my neighbor s son! You don t want a juror who recently buried a family member on your murder trial
Accurint Investigators have access Often has cell phone numbers, addresses, email addresses Outdated information-don t rely on this as your only source of information.
Google! News articles (about the crime) Interviews (with police, witnesses) Familytreenow.com***** Great info. About residence/family/known associates.
Voir Dire Part IV
The morning of If possible, watch the jurors come in from the parking area Do some jurors walk in the court house together, seem to know each other? Are the potential jurors friendly with the deputies?
Voir Dire Stated purpose: to determine whether any juror is biased for or against either party SHOCKER: Jurors don t always volunteer information!
Reality Talk about the stuff that worries you Take the sting out of negative stuff The attorney has the opportunity to establish rapport and credibility
Be on the lookout Someone is ALWAYS watching your table Prep and caution the client about reactions, fidgeting, making faces etc Where does the client sit?
Your role You are most effective at counsel table but gallery behind counsel works Take notes-the attorney should focus on the jury-not writing answers Keep your research close
What are you looking for? Some jurors say yes, no or nod their heads to questions, others sit there like a bump on a log, some give you really nasty looks It s hard to catch all this if the attorney is the only person doing voir dire You can be the eyes and ears.
Selection process Have your list w/notes ready Suggest the jurors you would strike Explain why? Batson or reverse Batson Be ready with alternates in case the CA strikes first Keep track-use your jury panel chart
Break/Lunch Watch the jurors. Are they leaving for lunch and returning together? Be careful when you/attorney are at lunch not to discuss the case near jurors. Continue to be the eyes/ears
Additional resources Lots of great resources! American Juries: The Verdict by Neil Vidmar The Opposition Research Handbook by Larry Zilliox www.juryresearchinstitute.com The best resource is observing!
Post Jury Round Up Part VI
Post jury debrief As soon as practicable after the jury, the entire team and anyone observing should debrief together What worked, what didn t? Different next time? Time to express your opinions.
Ask others in the courtroom! Deputy Court reporter Clerk(s) What did they think? Do this while the jury is deliberating.
Jury questioning post term Pick 2 or 3 jurors to interview regardless of the verdict! Identify yourself! - This is a training tool Take your time and build the rapport. Best done by someone who watched the entire trial NOT the attorney Don t jump directly into evidence.
Example: Name, occupation, who you work for. You were kind enough to sit on a jury I was involved with and it helps to hear your opinions on what we could do better. Do you have a moment to speak with me about your thoughts?
Questions to ask? Thank them! What did you think of the attorneys? Is there anything you didn t hear or evidence you wanted to see/hear? Let them tell you the story Evidence specific questions Is there anything I haven t asked you that you want to tell me?
Roundtable No.2 Time to tell the attorneys Start w/ the good points Don t be afraid to share the negative -this is how we learn! Use the information to your advantage next trial!
