NCJ Number
175598
Journal
Trial Volume: 34 Issue: 4 Dated: April 1998 Pages: 58-61
Date Published
1998
Length
4 pages
Annotation
The purpose of this article is to help attorneys identify jurors who are likely to be unsympathetic and to recommend patterns of questioning that will bring bias into the open.
Abstract
The only way to know if a prospective juror will be receptive to a client's case is to focus voir dire questions precisely on issues that jurors will be called upon to decide. For example, if pain and suffering represent an element of damages in the jury charge, the attorney will want to identify and possibly strike from the panel prospective jurors who do not believe money should be given for pain and suffering or who would not consider awarding substantial sums for pain and suffering. The attorney should phrase questions carefully to find out which prospective jurors hold certain views. When a prospective juror admits having a problem with giving large awards for pain and suffering, the attorney should use a technique called mirroring to determine if other jurors share that opinion. The attorney should focus on the juror's core belief system, list issues that will be included in the court's charge to the jury, and formulate voir dire questions around those issues. The attorney should also research the case law to identify cases that clearly delineate what a juror must say to be stricken for cause and should ask questions that elicit juror biases or prejudices and that demonstrate how jurors feel about tort reform issues. A comprehensive jury questionnaire that can help uncover biases or prejudices is included.