how to respond to a defense attorney as a juror

Present your testimony clearly, slowly, and loud enough so that the juror farthest away can easily hear and understand everything you say. Avoid distracting mannerisms such as chewing gum while testifying. Although you are responding to the questions of a lawyer, remember that the questions are really for the jury’s benefit.

Full Answer

What do attorneys ask potential jurors?

Attorneys ask questions of potential jurors to determine juror attitudes, biases, and their ability to truly be an impartial juror. The attorneys will inquire about you personally, and will also ask questions about your friends, families, and acquaintances.

What should a juror do if an outsider attempts to talk?

If any outsider attempts to talk with a juror about a case in which he or she is sitting, the juror should do the following: (1) Tell the person it is improper for a juror to discuss the case or receive any information except in the courtroom;

Can a lawyer dismiss a juror without a reason?

By using a peremptory challenge, a lawyer can dismiss a potential juror from the case without giving any reason to the judge. Though lawyers don't need to explain the basis for their use of peremptory challenges, they may not use them to discriminate against potential jurors based on race or gender.

What happens if a juror makes contact with the opposing counsel?

Any appearance of contact with a juror can be misinterpreted and become an opportunity for opposing counsel. When in doubt, seek the court’s assistance, as no one wants to be accused of juror tampering.

How do you answer juror questionnaire to avoid?

9 Ways To Get Out Of Jury DutyBe an "expert" on the case at hand. ... Tell the judge you're not in a very good place in your life. ... Dig into your personal life for connections to the case. ... Mention your mental illness or other "sensitivities." ... Be a rebel. ... Have a crappy attitude.More items...•

How do you thank a jury in an opening statement?

“I appreciate the time and the attention that I know you will devote to this case today…” “Opening statement is our chance to tell you what the evidence will show…”

What is the best excuse for jury duty?

Common Effective Jury Duty ExcusesExtreme Financial Hardship. ... Full-Time Student Status. ... Surgery/Medical Reasons. ... Being Elderly. ... Being Too Opinionated. ... Mental/Emotional Instability. ... Relation to the Case/Conflict of Interest. ... Line of Work.More items...•

What qualities make a good juror?

Thus, an effective juror must: (1) Be honest, forthcoming, and genuine; (2) Listen attentively and take good notes; (3) Ask questions if you do not understand; and (4) Listen to all the evidence prior to forming any conclusions about the case.

What can you say in an opening statement?

An effective opening statement is built around a theme that can be summed up in a simple word or phrase or in a single sentence. The theme developed should be straightforward, clear, and designed to catch and hold the jury's attention. It should get directly to the heart of the dispute.

How do you close an opening statement?

Conclude your opening by telling the jury what you would like them to do at the end of the case: “I just ask that you please keep an open mind about this case until you hear all of the evidence. I also ask that you return a verdict of not guilty for the defendant, Officer Dally. Thank you for your attention.”

Can you refuse jury duty?

Avoiding it, however, is ill advised: you cannot simply refuse and it is a criminal offence to not answer a jury summons without reasonable cause. You may, however, be able to defer (or possibly be excused) if you've served in the last two years or have a good reason.

What happens if you don't attend jury duty?

Under no circumstances simply don't turn up for your jury service as this will cause the court delays. You could face a fine or even more serious charges if you fail to tell the court you will not be able to attend. The courts understand that jury service can be stressful, so talk to them as they can help you.

How long is jury duty if not picked?

Generally, if you are not selected for a trial, your jury service will be completed in one day. The day that you report for jury service, you may be assigned to more than one courtroom to go through the selection process. Upon completion of your jury duty, you will be exempt from jury service for one year.

How do they choose jurors?

Choosing the jury At the start of the trial, the court clerk randomly selects jury panel numbers. If they call your panel number, reply “yes” and go to the jury box in the courtroom. Court security staff will guide you. This is the area where jurors sit during the trial.

Who selects the jury?

Lawyers and judges select juries by a process known as "voir dire," which is Latin for "to speak the truth." In voir dire, the judge and attorneys for both sides ask potential jurors questions to determine if they are competent and suitable to serve in the case.

What is jury bias?

In this context, “juror bias” means the effect of the life experiences a juror brings to a case they will be hearing, and how those biases will affect their understanding of the evidence and their opinion on a just verdict. Every person – which means every juror – has biases they bring with them to a courtroom.

What is the question asked by jurors?

One common question presented to jurors is, “Are there any religious beliefs that prevent you from passing judgment on another person?” Frederick says this is to weed out people whose faith might impede their ability to view a case objectively .

What does the defense look for in a lawsuit?

The plaintiff attorney or prosecutor will generally look for people more inclined to trust authority.

What are some examples of bias in law enforcement?

For example, “if it’s a medical malpractice case and there’s a woman and all of her friends are nurses, that might bias her a little bit,” says Matthew Ferrara, Ph.D, a trial consultant and forensic psychologist. And if you have friends or family in law enforcement, that’s a big red flag. “In a criminal case, relationship to someone in law enforcement is paramount,” Ferrara says. “People who are probation officers, police officers, jailers or are related to the same type of profession would be probably viewed as biased toward the prosecution.”

What happens if you don't vibe well with an attorney?

Indeed, research shows that if you don’t vibe well with an attorney, you’re more likely to decide against their argument. “One attorney told me, 'If I can tell they don’t like me, I get rid of them,’” King says.

Who can be pivotal in a verdict?

Leaders, contrarians, and independent thinkers can be pivotal in a verdict. These people have the potential to rally the rest of the group behind a unanimous decision, which is great for the plaintiff or the prosecutor.

Do attorneys pick their jurors?

But there are a few general traits attorneys take into consideration when trying to decide whether you’d help or hurt their argument. Attorneys don’t get to pick their jurors.

How to determine how potential jurors will react to that trial strategy?

The defense lawyer might attempt to determine how potential jurors will react to that trial strategy by asking questions about the right to “stand your ground,” to defend your property, to possess firearms, and to protect others from harm.

Why would a potential juror ignore the judge's instructions?

Similar personal experiences could cause a potential juror to ignore the judge’s instructions to decide the case based on the evidence and the law without “passion or prejudice.”. When a potential juror has had a life experience closely resembling the facts of the case, that person will likely be excused by the court.

Why do lawyers ask questions?

Experienced attorneys ask questions to get a sense of how a juror will respond to the evidence and arguments in the case about to be tried. In most federal courts, lawyers submit questions to the judge, who will then question the potential jurors in open court. In state courts, however, lawyers are typically permitted to question ...

Why do lawyers use jury selection questions?

The process of jury selection should result in a fair jury, though lawyers will often use the selection questions to make sure that jurors will be receptive to their theory of the case.

What happens if you don't use questionnaires in court?

If questionnaires are not used, lawyers or judges simply ask all of their questions in open court. Potential jurors may be questioned as a group or one at a time.

What does "for cause" mean in court?

A “for cause” dismissal means the court has agreed with at least one lawyer’s argument about the unsuitability of a potential juror (or has reached this conclusion on its own). A lawyer can raise an unlimited number of “for cause” challenges during jury selection.

What happens if a jury is negative on a firearm?

If the jurors, however, satisfy the judge that they can be fair and impartial despite their personal views on firearms, the judge will deny the attorney’s request.

Why do attorneys ask questions?

Attorneys ask questions of potential jurors to determine juror attitudes, biases, and their ability to truly be an impartial juror. The attorneys will inquire about you personally, and will also ask questions about your friends, families, and acquaintances.

Is jury duty a civic duty?

Jury duty is something that makes many people nervous. The courthouse procedures, the judge sitting stoically in a black robe, and the formality of the courtroom process can be intimidating. However, serving on a jury is an important civic duty.

Why do each side get to ask the jurors questions?

Each side gets to ask the jurors questions to see if the person can be a good juror. Each side can have jurors excused that they do not like. It is only the people that are not objectionable to either side that end up as jurors.

What is a jury trial?

In any criminal Felony or class A misdemeanor case a defendant is entitled to a jury trial. Both defendant and prosecutor are entitled to a number of peremptory challenges (challenges without giving a reason). The number depends on the seriousness of the offense. They are also entitled to challenge any juror who cannot be fair. These are called "Challenges for cause". Reasons must be given and the judge makes the determination . Before challenges are exercised both sides question the jurors and based on their answers a selection is made. Experience and a knowledge of human nature is the only strategy I know to get a favorable jury. This is not considered jury tampering.

Is jury tampering a peremptory challenge?

It is not jury tampering. Jury tampering is when a party tries to influence a juror's vote, usually by promising them in return. Attorney's have a right to challenge juror's for cause and a number of peremptory challenges which vary by the type of case. It is improper for an attorney to deliberately use a peremptory challenge to exclude a juror based solely on race, gender or other non-relevant factors.

What is the reaction of a defense attorney to a low level violent crime?

From Above the Law. 1) Stereotypes don’t always work. If you’re a defense attorney defending a client charged with a low-level violent crime, the knee-jerk reaction is to kick off the juror who’s a banker but keep the social worker or nurse, kick off anyone who watches FOX, but keep the people who loved “Serial,” and always reject anyone affiliated ...

Can you win if you pick the right jury?

Even if the evidence against your client is overwhelming, you can still win if you pick the right jury. The reverse is also true. Pick a majority of people looking to convict and no matter what the facts, they will. That’s how important selecting a jury is.

Can an attorney pick a jury?

Some states don’t let attorneys do much of anything when picking a jury. Other states, though, open the floor to them, and there’s no better way to figure out who’ll vote for an acquittal than by doing a solid voir dire. Even if the evidence against your client is overwhelming, you can still win if you pick the right jury.

What to do if your lawyer doubts you?

Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.

What happens if you don't pay your lawyer?

If you don't pay your lawyer on the day of trial, or however you have agreed to, then while he or she may be obligated by other ethical duties to do his/her best, they won't be motivated by sympathy for you, and it will show in court.

Why do people hire lawyers?

Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.

What to say when a judge can see your boobs?

If the judge can see your boobs, he's not listening to your story. If I can see your boobs, then I know you didn't care enough about yourself to talk to an attorney. Dress like you are going to church. Credibility is one of the most important things in this world - and most important in a courtroom.

Can a lawyer take your money?

While lawyers can certainly take your money and your time and we can file a case that will be very hard to win, if you don't care enough about your life to get a contract, the judge is not very likely to be on your side. At least, not automatically. Oral contracts are extremely hard to prove. What are the terms.

Do lawyers need to take more cases?

Don' t forget that lawyers don't always need to take more cases. Yes, new clients are a great thing, but I don't want clients that will eat all my time and get no where fast. Your tip: keep your communication very simple and to the point.

Do juries get it right?

While juries usually get it right, sometimes, it's not about whether a particular matter is emotional or simple, complicated or straightforward. Sometimes people make decisions on who has the nicer suit, or who is more pleasant to deal with. So even if your case is good or even if it's not so strong.