NCJ Number
102438
Journal
Trial Volume: 22 Issue: 9 Dated: (September 1986) Pages: 60-66
Date Published
1986
Length
7 pages
Annotation
Because 80 percent of jurors have reached a verdict by the end of voir dire, attorneys should carefully prepare for voir dire through case analysis, attitude surveys, mock trials, question formulations, and plans for favorably impressing jurors.
Abstract
Case analysis involves recruiting five nonlawyers to respond to the client and the case, including the opponent's likely strategy. The group's responses to the client and the case are likely to be similar to those of the real jurors. A powerful tool to aid in developing both the argument strategy and profiles of desirable and undesirable jurors is a community attitude survey. This involves the sampling of community attitudes relevant to the cases. Mock trials are useful for analyzing argument strategy and assessing jurors' likely responses. A thorough analysis of the opposition's case is crucial to the effectiveness of a mock trial. Voir dire questions should be structured to obtain the maximum amount of information from the jurors. Open ended questions that invite prospective jurors to reveal their thoughts and feeling relevant to the case are the most valuable. Questions should also be designed to persuade jurors about the merits of the attorney's case. Other techniques for favorably influencing jurors during voir dire include presenting the client attractively, displaying empathy toward prospective jurors, listening to and reinforcing prospective jurors' responses, and characterizing the client to be similar to jurors. 26 notes.