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Jury Selection

Frequently Asked Questions

Q:

How important is jury selection?

A:

Jury selection is arguably the most important part of the criminal trial. Most of your seasoned defense attorneys will agree with the statement that you either win or lose your case during the jury selection. Your goal is to eliminate people who will be biased against your client. You do this by getting the jurors to talk and reveal their biases and then follow your gut feelings.

Q:

Are there special ways to ask a question?

A:

Your question must suggest that it is OK to reveal a private opinion. A good question would be, “How many people think that false allegations of rape are made?” A bad question would be, “Does anyone think that false allegations of rape are made?” Also, you should try to get each juror to talk and not just answer yes or no. A good question would be, “Mr. Jones, how do you feel about whether false allegations of rape are ever made?” A bad question would be, “Mr. Jones, do you believe that false allegations of rape are ever made?”

Q:

Are there certain types of people who you do not want on your jury?

A:

Obviously, you eliminate jurors who themselves or loved ones were victims of the same crime your client is accused of committing. Also, many jurors are biased in favor of a conviction such as those in the military, police officers, or government bureaucrats. You must ask questions about occupations of themselves and family members.

Q:

Jury selection must chip away at the assumption that the defendant is guilty.

A:

As soon as you can, you must introduce your defense and plant the seeds of reasonable doubt.

Example: “Mr. Jones, what are some reasons why a person would make false allegations?” Answer: “Jealousy.” Follow up: “If I show you that the alleged victim was jealous about the defendant cheating on her, would you consider that in deciding if the victim’s testimony is credible?”

Another example: “How many people believe that fingerprint evidence is very reliable in determining who left the fingerprint?” Answer: “Very reliable.” Follow up: “Mr. Jones, if the state produces the defendant’s fingerprints at the crime scene, how important is it to you that the state also prove that those fingerprints were laid down at the time of the crime?”

Q:

You should discover the bias, and not try to change the bias.

A:

Many defense attorneys only try to convince the jurors of the benefits of “the presumption of innocence” and the state’s obligation to prove guilt “beyond a reasonable doubt.” However, do this only after you have found out who think these rules allow too many guilty people to go free. Question: “Mr. Jones, what do you think about the fairness of the rule that the defendant is to be presumed innocent? Mr. Jones, what do you think about the rule that a person can only be found guilty if the government has enough evidence to prove his guilt beyond a reasonable doubt? Is this too high of a standard?”