when can a juror be be questioned by defense attorney

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.

The Gray Area of Attorney-Juror Contact

When an interaction does occur, it is usually benign, like being on the elevator at the same time. However, in a few scenarios, the lines are more blurred.

Solutions to Attorney-Juror Contact

One of the keys to proactively limiting attorney-juror contact is to seek the court’s assistance in addressing the topic, as those who have never served may be unaware that they cannot speak to the attorneys on breaks, etc. Some states and judges use language similar to this, which is read to jurors by a court official at the beginning of trial:

Attorney-Juror Contact at a Mock Trial

Now, while I have been talking about actual trial-based scenarios, we also employ the same no-contact rules during our mock trials to ensure realism of the court environment, helping our mock jurors take the research project seriously.

Conclusion

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.