NCJ Number
113233
Journal
Trial Volume: 24 Issue: 8 Dated: (August 1988) Pages: 66-70
Date Published
1988
Length
5 pages
Annotation
Lawyers must develop good communication skills and use proper techniques if they are to increase prospective jurors' self-disclosure during voir dire.
Abstract
Six basic communication skills are helpful in voir dire: a conversational rather than an interrogative approach with prospective jurors, empathy, attentiveness, warmth, attorney identification with the prospective juror, and receptiveness. Three techniques that facilitate jurors' self-disclosure are disclosure reciprocity, which involves attorneys telling prospective jurors about themselves; positive reinforcement, which consists of using social reinforcers that encourage further self-disclosure; and modeling by the attorney which encourages jurors to act similarly. Options for dealing with prospective jurors reluctant to provide information about themselves are to remove the juror through a peremptory challenge, try to rehabilitate the juror, or seek a challenge for cause. 'Negative spiraling' occurs when prospective jurors as a group are reluctant to provide candid answers in voir dire. Some ways of breaking negative spiraling are to rely heavily on modeling, take a recess, and interview 'fresh' jurors. 'Good' prospective jurors can also be used as examples for the others. 4 notes.