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Art of Selecting a Jury

NCJ Number
80899
Author(s)
R A Wenke
Date Published
1979
Length
133 pages
Annotation
Guidance for selecting jurors is provided for both prosecuting and defense attorneys in criminal trials as well as for attorneys for plaintiffs and defendants in civil trials.
Abstract
The three approaches to selecting jurors -- by the court exclusively, by the court and counsel, and by counsel exclusively -- are described, and the key aspects of rules and policies for juror selection in the trial jurisdiction which the attorney should note are indicated. Following the presentation of the outline for the selection procedure, the attorney's introductory remarks are discussed. The general conduct of the client and counsel during voir dire is addressed before aspects of questioning style are considered. Topics covered under the discussion of questioning style include demeanor and approach, language, and styles to avoid. The chapter on questioning technique deals with the securing of certain commitments from prospective jurors, educational and indoctrinational questions, the importance of letting prospective jurors express themselves, and general questions. An example of group interrogation in voir dire by the prosecution in a criminal trial is provided. Following a general discussion of challenge for cause, various aspects of the challenging technique are described. Other chapters give attention to objections, caveats, tactics, sizing up jurors, prejudice and fear, the foreman, and the influences of occupation, race, nationality, religion, personality, age, sex, marital status, and personal characteristics upon a prospective juror's decisionmaking. Checklists of questions are provided for both attorneys in general and certain special criminal and civil cases.

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