Tips for Jury Selection
By Marni Becker-Avin

1. Notice whom among the veniremen congregate together during breaks. Those in the jury pool make friends quickly in light of their common bond of being in an intimidating environment and perhaps having to serve. They talk to each other, and influence each other with their various perspectives. One juror might get upset if his/her friend has been excused from the panel.

2. Take notice of the books people are carrying with them. If you know the author and can comment intelligently, do so in order to solidify the attorney-juror bond. The reading materials will give insight to the prospective juror as well. For example, is it a mystery or a romance, is the person reading and keeping to him/herself or is the person speaking to those around him/her and ignoring the book in his/her lap.

3. Most cases are won or lost during the voir dire “de-selection process”. The attorney must form an immediate bond with the jury. Be kind, be respectful, explain the procedure, explain the burden of proof, remember their names when you address them, include everyone, be humorous but not offensive, apologize for intrusive questions, explain that you are nervous speaking in public as well, and take note of not only verbal responses but also body language and silent communications. Most importantly, express genuine interest in the person’s particular occupation or interests or background.

4. Predispose the juror to your case, and thus, persuade him/her in your favor, during the voir dire process. Questions can be constructed in such a way as to influence the juror’s subconscious. Do not ask questions that can be answered with a “yes” or “no”.

5. Make sure the judge excuses the jury prior to exercising any challenges, and always request a ten minute break in order to convene with your co-counsel or trial consultant who may have noticed something that you did not. The co-counsel and/or trial consultant is your greatest asset during voir dire as they have unfettered access to each prospective juror while you do not. In other words, the co-counsel and/or trial consultant can unobtrusively stare at certain jurors, take note of their actions, facial expressions, whispers/mutterings, etc.

6. If a juror says something in front of the panel that is unfavorable to your case, do not interrupt or cut the person off mid-sentence because then you look like you have something to hide. Don’t ask that person a follow up question either. Just say thank you, and move on to the next juror. Sometimes, a juror answers a question in a favorable way, and you are pleased that the rest of the panel was exposed to his/her viewpoint. That person may ultimately be excused from the panel, however, he/she may have made some friends prior to leaving. That being the case, it might behoove you to remember the exact words of that individual, and use the same words in your closing argument.

7. Leave the fancy watch at home, and save the big vocabulary words for when you are conversing with other professionals. This is not to say you should be condescending, however, simplicity and genuineness are the keys. Let the jury see that you are down to earth, and do not think you are above them in any way. 8. Usually, the juror will tend to relate to a party or witness that is in the same occupation as his/her spouse. Jurors should never be selected based on demographics alone. The focus of voir dire should be on the individual juror’s background, life experiences, and values. While it may be true that all women distrust each other or that someone of German descent may be more conservative or strict, it is not necessarily always the case.

9. Allow your co-counsel to take the notes. Do not let the jury think that you are more interested in writing down what they say rather than listening and paying attention to them. Eye contact shows interest.

10. Jurors are constantly observing and judging you, so take notice of your body language, facial expressions, demeanor with the judge, your co-counsel, and your client. This includes your behavior outside of the courtroom as well. Just because you are technically on a break, does not mean you aren’t be observed by a potential juror. In other words, don’t pull out the cell phone in the hallway in front of the courtroom.

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