When preparing for trial, jury selection is one of the most critical points that will set the entire tone for your case. If you don’t utilize this time wisely and use the right tools to select the best people from the jury pool to serve on the jury panel, you may lose the verdict.
Strategy is everything when it comes to jury selection, and it involves much more than asking a couple questions or not letting the potential jurors talk enough. You need a jury that will sympathize with the plight of your client and agree that the suffering they have endured from their injuries should be adequately compensated.
The Trial Concierge specializes in jury consulting services and supporting your case from start to finish, giving you the tools you need for success and allowing you to focus on litigation. While many consultants focus only on jury selection, our trial consulting services go beyond jury selection strategy to include mock jury services, trial support, deposition preparation, witness preparation, focus groups, and much more to support you every step of the way.
In this blog post, we explain how to make the most of your jury selection and how our unique services can come into play to help you have a better chance of winning your verdicts.
Preparing for the Jury Selection Process
You already know that you have no control over the prospective jurors that will be summoned for jury duty. It’s also obvious that the overwhelming majority of people in that jury pool would rather be just about anywhere else. Still, civic duties bind U.S. citizens to jury service, and your job is made that much more challenging in choosing the right people from these groups to perform their jury service.
Even before you meet these prospective jurors, the things you do to prepare for jury trial can put you at a distinct advantage. Start before voir dire and be ready to choose the right people for this panel. The Trial Concierge provides proven results that all begin with jury selection, but we don’t stop there. We stay with you throughout the entire case, though we know that getting ready to choose jurors is one of the most important steps. The people who wind up as members of the jury have the potential to help or harm your case, and this is the time it really counts to be ready for anything.
What Happens During Voir Dire
Voir Dire: The Core of Choosing from the Jury Pool
During the selection process, potential jurors must be questioned to determine what type of knowledge they may possess about the related laws or incident. An attorney must identify bias and make sure that a juror can remain impartial.
This process, called voir dire, helps you to listen to find qualified jurors. Many attorneys will ask jurors questions but not let them talk as much as they should. Letting them talk is key to learning whether they can be helpful or hurtful on your panel. Additionally, the law requires potential jurors to answer truthfully, or it could be deemed as perjury.
Legal Tools for Excusing Jurors from Jury Duty
To have a juror excused, you may enact peremptory challenges, which are excusing jurors without explanation. As jurors are excused, you may have challenges for cause, which is best when there’s clear bias or conflict of interest. Whether in civil or criminal cases, lawyers continue to excuse jurors until both sides feel they have made the best choices. With our services, we help you identify any issues with these candidates, allowing you to feel confident in the panel that will serve at your clients’ trials.
Criteria Lawyers Use to Evaluate Jurors for Jury Service
Key Traits Lawyers Look For
When choosing individual jurors to serve on the jury for your case, you must determine if they’re the best among other jurors. There may be many people who could fill these slots, though it helps to look for jurors who can decide impartially based on the evidence presented.
You can test their reactions to legal topics in civil cases, or for criminal trials, ask how they feel about the death penalty vs life imprisonment. You may be able to find a connection to the parties involved, from the defendant to the witnesses, or even fellow jurors, which the judge and attorneys will agree can lead to bias and are grounds to excuse them from the courtroom.
Red Flags That Raise Concerns
When lawyers excuse individual jurors, they should look for red flags that indicate a possible juror will not be conducive to their case. These include having strong opinions on certain aspects of the law or political issues. Body language can also reveal whether or not you’re making the best choice when selecting jurors. Hesitancy when answering may reveal a deeper issue, or a personal history that could influence the trial process, potentially leading to an unfavorable outcome for your client.
The Judge’s Role
Managing the Courtroom and Ensuring Fairness
In a jury trial, when the judge speaks, everyone must listen and show respect. The judge gives the court’s instructions and leads the way through voir dire. Judges may also excuse any jurors who have a bias or if they have a certain hardship that would make performing this civic duty difficult. Once questioning is finished, the judge and attorneys finalize the selections before the trial.
Swearing in the Jury
Jurors are sworn in through an oath, and the oath means they’re giving their word to be truthful. Following the oath, trial jurors and alternate jurors are directed to sit in the jury box. Then, the judge will give their final instructions before proceeding with the opening statements of the trial.
Additional Considerations
Criminal vs Civil Trials
In criminal cases, there are usually stricter requirements. High-profile cases may last a long time before resolution. When there are black defendants, it’s crucial for constitutional fairness to select jurors who won’t be biased or discriminatory.
As for civil cases, the focus is on facts, the damages that have been incurred by the plaintiff, and the credibility of each side presenting their case. This is why the jurors selected must be properly questioned to ensure they perform their civic duty with fairness and impartiality, regardless of the case they’re selected to hear.
Modern Challenges and Legal Ethics
While attorneys can use peremptory strikes, there’s concern that excusing jurors in this way may be done based on race. Courts need to monitor for discrimination during this selection, as diversity and fair representation are the very reasons why attorneys agree to have people involved as jurors in a court of law.
What Comes Next After Selecting the Jury?
Transitioning Into the Trial
After potential jurors arrive and attorneys ask jurors questions to choose this panel, the jurors will hear opening statements. They’ll then be asked to evaluate the evidence presented while following the judge’s instructions. Remaining impartial is key, and jurors can’t discuss the case until after all the evidence and instructions are complete to ensure they make a fair decision under the relevant laws of the case.
The Role of the Jury Throughout the Trial
Every juror is expected to truthfully answer when they’re questioned by the judge or any attorney in the courtroom. Jurors must evaluate testimony as well as other evidence presented. Once they’ve heard everything in the case, they must discuss the factual issues without bias among their fellow jurors in deliberations. Finally, they must reach a unanimous verdict in most counties. Unanimous verdicts are also required in federal criminal cases.
Final Thoughts on Selecting Juries
Why It Matters
When it comes to choosing the right people from the pool of registered voters waiting in the designated part of the court, it’s one of the most important things any attorney can do. The jurors you choose for your case will directly influence the outcome of the trial.
Legal proceedings that follow this selection will be shaped by the ability of these jurors to understand and make fair decisions. Both lawyers and judges must work together to seat a jury that can follow the law for justice to be served in any type of case. The Trial Concierge focuses on providing these services for cases involving personal injury law to ensure you have a jury that feels the impacts your client has experienced.
Helmed by Beverly “Splash” Abbott who has helped attorneys plan, prepare, and win their toughest civil cases, you will have a jury consultant, trial consultant, legal nurse consultant, and presentation specialist in your corner, focusing on every detail.
Instead of only focusing on selecting the jury or certain aspects of your trial, we’re there throughout the entire litigation process to help you curate strategy and themes, design presentations and graphics, prepare witnesses, and provide constant support and feedback to help you do your best work. Contact us today to book a free consultation to learn more about our trial support services.
