NCJ Number
55894
Date Published
1978
Length
20 pages
Annotation
THE DEFENSE ATTORNEY IS GIVEN STRATEGIES FOR CHALLENGING JURORS IN VARIOUS TYPES OF CRIMINAL CASES ALONG WITH A SUMMARY OF VOIR DIRE PRACTICES IN STATE AND FEDERAL COURTS AND A BRIEF REVIEW OF RELEVANT JUDICIAL DECISIONS.
Abstract
DEFENSE STRATEGY VARIES FROM CASE TO CASE, BUT GENERALLY THE PRIME PURPOSE IS TO SECURE 12 PERSONS WHO WILL LISTEN TO THE EVIDENCE SKEPTICALLY BECAUSE THE INITIAL PRESENTATION IS BY THE PROSECUTION. HIGHLY AUTHORITARIAN PERSONS ARE USUALLY CONSIDERED UNDESIRABLE. SINCE THE DEFENSE ALSO TRIES TO SELECT PERSONS WHOSE ETHNIC AND ECONOMIC BACKGROUNDS WILL MAKE THEM SYMPATHETIC TO THE DEFENDANT, COMPLETELY DIFFERENT STRATEGIES ARE NEEDED FOR THE ETHNIC PERSON CHARGED WITH A STREET CRIME AND THE MIDDLE-CLASS WHITE COLLAR DEFENDANT. ONE STRONG PERSON MAY SWAY AN ENTIRE JURY; TWO STRONG PERSONS MAY DISAGREE AND GUARANTEE A HUNG JURY. IN ALL JURISDICTIONS THE NUMBER OF CHALLENGES FOR CAUSE IS UNLIMITED AND IN SOME COURTS THE COMMON LAW CHALLENGES FOR CAUSE ARE HANDLED BY THE JUDGE. THESE INCLUDE KINSHIP IN SOME DEGREE TO EITHER PARTY, FORMERLY A JUROR IN THE SAME CASE, OR AN INTEREST IN THE OUTCOME OF THE CASE. EITHER THE ATTORNEYS ALONE OR THE ATTORNEYS AND THE JUDGE MAY QUESTION ABOUT STATUTORY GROUNDS, IDENTIFICATION BY JOB CLASSIFICATION OR FRIEND WITH THE VICTIM OF THE CRIME, PRIOR ASSOCIATION WITH THE CASE AS WITNESS OR JUROR, NOT A CITIZEN OR UNABLE TO READ OR WRITE OR UNDERSTAND THE PROCEEDINGS, OVER AGE OF 70 (IN FEDERAL CASES), AND, IN DEATH PENALTY CASES, HOLDING STRONG OPINIONS EITHER FOR OR AGAINST CAPITAL PUNISHMENT. VARIOUS WAYS OF HANDLING JURY SELECTION IN DIFFERENT JURISDICTIONS ARE REVIEWED. A CHECKLIST GIVES POSSIBLE QUESTIONS THE DEFENSE MAY WISH TO ASK. (GLR)