Jury Selection...... Contrary to popular belief, you dont pick - TopicsExpress



          

Jury Selection...... Contrary to popular belief, you dont pick your jury. You get the opportunity to engage with the jury (as counsel) during the selection process (called voir dire -- and pronounced at least 3 different ways based upon what State you practice in ;)), ask them questions, and get some feedback from them. Then, you actually get to kick out (strike is the correct term of art) several of them based upon your indications of whether that person would be a bad juror for you case. Both sides strike the ones they dont like and whats left is your jury. So, in reality, you dont pick your jury, but you get whats left. There have been countless books written and legal seminars given on the art of jury selection. It is important to your case to insure that jurors who would be against your case are removed before the evidence begins. And, I will admit that there is a certain expertise involved with how your attorney goes about this process. However, as your case progresses from the initial filing to that day when you actually get to a jury, I constantly remind my clients that ultimately, your fate will be decided by 12 people who arent smart enough to get out of jury duty. :) I say this in jest, to a certain degree, but also to make sure my clients understand that you and your attorney need to constantly evaluate the strength of your case, and how that case will appeal to that jury. If you have decided to present that case to a jury, and you have decided not to settle it along the way......well......you need to be convinced that you will win. Ive been fortunate enough to win the vase majority of the cases that Ive tried to a jury. However, nothing is more bitter than to take all of that hard work and emotion to a jury only to be turned away.
Posted on: Mon, 10 Feb 2014 15:27:31 +0000

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