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.
Don’t hesitate to ask your attorney questions such as:
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Ask short, simple, non-leading, open-ended questions which allow the witness to testify in the form of a narrative and descriptive answer. Perhaps during each question the jury may glance at the attorney, but for the majority of the direct examination, the jury’s attention will be focused on the witness answering your questions.
The Process of Questioning Potential Jurors
The attorneys can also ask questions designed to uncover characteristics or experiences that might cause potential jurors to favor either the prosecution or the defense. But the lawyers aren't allowed to ask overly personal questions, and they aren't allowed ask the jurors how they would decide the case in advance.
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...•
Here are five factors that you should explore in the course of empaneling the most effective jury for your case.Relevant Life Experiences. ... Social Pressure. ... Online Activity. ... Legal Opinions. ... Ability to Be Impartial.
Inside the jury room jurors discuss the case by carefully considering the evidence presented in court by: all the witnesses. the arguments of the defence and prosecution.
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...•
You can only be excused from jury duty for: Any reason deemed sufficient by the court. Medical reasons. Public necessity. Undue hardship.
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.
The jurors meet in a room outside the courtroom to decide whether the prosecutor has proven beyond a reasonable doubt that the accused is guilty. All the jurors must agree on the decision or verdict – their decision must be unanimous.
Jurors are presumed by their oaths to be impartial judges. However, where the potential bias is clear and obvious, or where it can be shown that there is a reason to suspect that members of a jury may possess bias that cannot be set aside, then the jury can be screened by a challenge for cause.
Generally the more attractive the defendent, the more likely they are to receive a non-guilty verdict. The one exception to this is crimes in which they may have used their good looks to their advantage, such as fraud, sees more attractive defendants more likely to be found guilty.
Variables considered include demographic information on jurors, personal characteristics of trial participants, influence of trial publicity on jurors, juror satisfaction with the verdict, and dynamics of the deliberation process.
Jurors and potential jurors must only use social media in a way that is consistent with their responsibilities as jurors. Some guidelines for jurors. Following these guidelines throughout your jury service will help you meet your job as a juror.
When attorneys are asking potential jurors questions it is called voir dire ( sounds like “war deer” ), it is the jury selection process.
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.
Typically the jury pool is drawn randomly from drivers license records or voting registration lists, so the likelihood of being summoned for jury duty are high. However, the odds of actually being selected to serve on a jury are much lower. A 2012 survey found that 27% of U.S. adults said they had served on a jury.
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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.
A plaintiff seeking money for personal injuries has a right to inquire whether anyone has any prejudices or beliefs about the amount or monetary nature of the damages the plaintiff seeks to recover. Wright v. Chicago, Burlington & Quincy R.R. Co., 392 S.W.2d 401 (Mo. 1965).
The insurance question: Whether they, or any members of their family, work for, or have a financial interest in, the defendant’s liability insurance carrier. Ivy v. Hawk, 878 S.W. 2d 442 (Mo.1994).
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Attorneys don’t get to pick their jurors. Instead, using a mixture of intense questioning, keen observation, and stereotyping, they get to eliminate people they think would hurt their case. “It’s not like a baseball team where you can choose your team members,” says Jeffrey Frederick, Director of Jury Research Services at the National Legal Research Group and author of Mastering Voir Dire and Jury Selection. “It’s not who I want, it’s who I don’t want. What we try to do is think of what backgrounds, life experiences, cognitive styles, opinions, and values jurors might have that would make them less receptive to our case.” Clues like demographics and personality can improve a lawyer’s chance of predicting a juror’s stance on a verdict by up to 15 percent. Here are a few things lawyers take into consideration when trying to figure you out.
Open and receptive jurors, according to the Synchronics Group Trial Consultants, will have hair that is “casual and naturally flowing, rather than highly styled or gelled or plastered to the head … Beards and mustaches will be natural looking, rather than designed and sculpted.” The old adage says you can’t judge a book by its cover, but attorneys will certainly try.
According to the Synchronics Group Trial Consultants, a “nurturing, open, receptive and generous person” will likely wear casual shoes “with plenty of room for the toes, because these people don't want to be hemmed in . No pointy tips. The heels will be low, because open people want to be able to move around easily.
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.”
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 .
YOUR BODY LANGUAGE. Non-verbal behavior can say a lot about what you’re thinking. “We’re not mind readers,” says Frederick, “but you can see behaviors indicating they are really not receptive to you at all, or they’re very receptive to you, and you pay attention to that.”.
The plaintiff attorney or prosecutor will generally look for people more inclined to trust authority.
When you answer them, court attorneys will ask questions about case-related experiences, knowledge of any related party, and your general opinions relevant to the case.
To come to step four (going to court when sessions begin), you will need to show that you’re capable of giving unbiased judgment by filling out a questionnaire.
When a court needs a jury for a case, regardless of whether it’s a state or federal court, registered voters and driver’s license owners from that district are randomly selected and summoned for further screening.
When it comes to county and state courts, it depends on the state you’re in. Some states like South Carolina and Illinois offer zero pay, while others match the federal $50 compensation.
Although the government gives money to jurors, this is not a job—it’s mandatory for all citizens, and you’d be wise not to skip jury duty.
Most employees don’t know that the law is on their side—when you send a notice to the employer, they have to respect your jury leave and let you attend court without any repercussions, regardless of how many times you’re summoned.
In a criminal trial, picking the right jurors is critical to a defendant’s chances at an acquittal. During the voir dire process, which roughly translated from Latin means “to speak the truth,” criminal defense attorneys have the opportunity to find out a great deal about potential jurors.
Why voir dire is necessary. With voir dire, the goal is supposed to be to be impartial jurors. But if they are honest, both prosecutors and defense attorneys will admit that they attempt to stack the jury deck with those who are likely to rule on their side.
When a defendant’s liberty — or even life — is at risk with a guilty verdict, properly conducted voir dire can be a game-changer. Properly framed, each question can evoke candid responses based on deeper thinking by the juror. Open-ended questions elicit far more revealing answers than a “yes” or a “no.”
In state and federal court, voir dire may be conducted by the attorneys, the judge or even the clerk. In the latter instance when the court clerk winnows down the jury pool, it’s done with questions submitted by the attorneys and approved by the court. The big five. With that in mind, if you are facing trial for a criminal offense, ...
Attorneys can exclude jurors either for cause, with unlimited usage, or via a peremptory challenge — usually limited to three per side in federal court. Attorneys exclude jurors using the latter process to reject those jurors for actual or perceived biases that might be hard to prove otherwise for cause.
With permission of the judge and acquiescence from the opposing counsel, jurors answer written questionnaires. This may be preceded by a mock trial and other pretrial research designed to achieve a favorable outcome for the client (in the case of the defense).
Some of the things that disqualify potential jurors include personal opinions, past history and a connection to law or law enforcement.
Attorneys often ask potential jurors about their personal opinions during jury selection. Personal opinions that relate to the case can keep jurors from voting in the way one attorney wants them to vote. During a capital murder trial, the defense may not want jurors who are against the death penalty, and during a trial involving a single mom, the prosecution won’t want jurors who have traditional views on marriage and believe that mothers should always stay with their children. Personal opinions are one of the things that disqualify potential jurors because it may keep them from listening to the evidence presented and making a decision based solely on that evidence.
The jury selection process is one of the most important steps in a trial, but there are some things that disqualify potential jurors. Attorneys for both sides have the chance to ask questions and determine which individuals they want and do not want on that jury. As a law or criminal justice student, you may want to know which factors ...
Personal opinions are one of the things that disqualify potential jurors because it may keep them from listening to the evidence presented and making a decision based solely on that evidence.
Knowledge of Case. Other things that disqualify potential jurors include any knowledge they might have of the case. This commonly occurs in larger cases with more publicity. A murder trial or a case involving someone famous will likely be a common story on the local news and in the newspaper.
Any information they bring with them will taint the way they respond to the evidence and sway them towards one side before the trial even starts .
During a capital murder trial, the defense may not want jurors who are against the death penalty, and during a trial involving a single mom, the prosecution won’t want jurors who have traditional views on marriage and believe that mothers should always stay with their children. Personal opinions are one of the things that disqualify potential ...