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How Does My Lawyer Pick a Jury?
The
process of picking a jury is called Voir Dire. Picking a jury
is a very important step and requires skill and experience.
Most lawyers will tell you that the way they pick a jury does
not win cases, but it can certainly lose cases if not done correctly.
Each lawyer may have a unique style in choosing the best jurors
to hear and decide the case.
On the day of a trial the court brings in a large number
of potential jurors who have been selected from the voting
rolls or driver's license information or some other similar
government list. Depending on the court, they usually bring
in about 50 potential jurors. Those jurors are assigned numbered
seats in the courtroom.
The process begins by the judge asking certain basic questions
to make sure that all of the potential jurors meet the minimum
qualifications to be a juror. These minimum qualifications
may include a requirement that a juror be at least 18 years
old, a citizen of the United States, and a resident of the
county or parish where the case is being tried for some period
of time, usually one year. The judge may also ask if anyone
knows the attorneys, parties or potential witnesses who will
be involved in the trial.
Once the judge concludes the brief questioning, the plaintiff's
lawyer is allowed to question the potential jurors. Most courts
will call twelve names from the fifty potential jurors seated
in the courtroom. Those individuals are asked to come sit
in the jury box, where the lawyer's questioning will proceed.
Your lawyer will have a good idea of what type of person
he is looking to hear the case before the trial begins. For
the plaintiff, you usually want someone who is liberal-minded
who has no problem awarding money to victims of personal injury.
Thus, the plaintiff's lawyer will question the potential jurors
on their feelings about lawsuits and people who sue. He will
also want to know if any of the potential jurors have ever
been sued or sued anyone previously. He will also want to
know if they have ever previously sat on a jury and if so,
what verdict did they render.
The plaintiff's lawyer will not want people who believe in
tort reform or people who do not believe in awarding damages
for pain and suffering and mental anguish. He will also try
to determine the potential jurors' life experiences through
careful questioning, which will give him a better idea about
that person's ability to fairly decide the case.
The defense attorney generally wants the opposite type of
person that the plaintiff is seeking. They want someone conservative,
who does not believe in lawsuits and who will not award much,
if anything for pain and suffering and mental anguish.
Most states allow each side 6 challenges or strikes to eliminate
unwanted jurors for any reason (other than race). Each side
may also ask the judge to eliminate jurors for cause. However,
the judge has the sole discretion as to whether the reason
given is sufficient to amount to a cause to be excused. The
lawyers and the judge will decide which jurors are eliminated
and which are acceptable to the parties outside of the hearing
range of the jury.
Once the initial twelve jurors are taken through this process,
then additional people are asked to come sit in the jury box
and the process is repeated until twelve jurors are finally
chosen. This usually takes some time because each side will
exercise their right to strike or eliminate jurors and few
are remaining of the original twelve called to the jury box.
The ideal jury for both sides is one that will decide the
case on the evidence and law given to them by the judge, even
if they disagree with the law or the evidence personally.
Theoretically, the process should be free from personal bias.
However, as a practical matter each of us will draw on our
own biases and experience to decide the case. This is why
it is so important for your lawyer to carefully question the
potential jurors to expose any bias or reasons why they may
not decide the facts of this case in a fair manner.
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