NCJ Number
163732
Journal
Trial Volume: 31 Issue: 11 Dated: (November 1995) Pages: 72-75
Date Published
1995
Length
4 pages
Annotation
This article instructs trial attorneys in techniques of jury selection in the current climate of "tort reform."
Abstract
"Tort reform" as used in this article refers to the campaign aimed at persuading the public that personal injury litigation as currently practiced only benefits greedy, opportunistic plaintiffs and their lawyers, while defendants who may be toxic polluters and manufacturers of defective products are being unjustly punished with outrageous monetary damages. Given efforts to persuade the public of the need for "tort reform," this article advises trial attorneys for plaintiffs not to become combative with prospective jurors or try to convince them they are wrong if they hold views commensurate with "tort reform." Rather, plaintiff attorneys must identify those prospective jurors whose views and opinions are most antithetical to the interests of the plaintiff, as well as those prospective jurors likely to have the most influence over the others. In outlining a jury selection strategy, the author provides a checklist of questions designed to help an attorney analyze the case with a view toward determining the kinds of prospective jurors the plaintiff wants to judge the case. A general plan for voir dire- preparation is presented, followed by a discussion of the benefits of and questions that should be included on a well- formulated juror questionnaire. Sample questionnaire questions are provided to delve into prospective jurors' views on lawsuits, products or industry liability, and personal experience. Guidelines are also provided for conducting voir dire and evaluating jurors based on the relevant information obtained through the various suggested techniques. 6 notes