9 Things Lawyers Look for When Picking a Jury

From: Mental Floss

By: Jessica Hullinger

Good insightful article by Jessica Hullinger.

At some point in your adult life, chances are good you’ll be called to serve jury duty. But the odds that you’ll actually sit on a trial are much lower. What, exactly, makes an ideal juror? What are lawyers on both sides of a case looking for in a lineup of random people? The answer, of course, depends on the case itself. But there are a few general traits attorneys take into consideration when trying to decide whether you’d help or hurt their argument.

Attorneys don’t get to pick their jurors. Instead, using a mixture of intense questioning, keen observation, and stereotyping, they get to eliminate people they think would hurt their case. “It’s not like a baseball team where you can choose your team members,” says Jeffrey Frederick, Director of Jury Research Services at the National Legal Research Groupand author of Mastering Voir Dire and Jury Selection. “It’s not who I want, it’s who I don’t want. What we try to do is think of what backgrounds, life experiences, cognitive styles, opinions, and values jurors might have that would make them less receptive to our case.” Clues like demographics and personality can improve a lawyer’s chance of predicting a juror’s stance on a verdict by up to 15 percent. Here are a few things lawyers take into consideration when trying to figure you out.

1. YOUR RELATIONSHIPS

Attorneys pay close attention to any relationships that might color your opinions. For example, “if it’s a medical malpractice case and there’s a woman and all of her friends are nurses, that might bias her a little bit,” says Matthew Ferrara, Ph.D, a trial consultant and forensic psychologist. And if you have friends or family in law enforcement, that’s a big red flag. “In a criminal case, relationship to someone in law enforcement is paramount,” Ferrara says. “People who are probation officers, police officers, jailers or are related to the same type of profession would be probably viewed as biased toward the prosecution.”

2. YOUR EXPERIENCE WITH THE LAW

Even if you aren’t directly related to a police officer or member of the judicial system, you can still have opinions about law enforcement rooted in your own personal experiences. Perhaps you feel you were unfairly ticketed for speeding, or you’ve been the victim of police profiling. This is all very important, because research shows that when juries deliberate, they spend 50 percent of their time talking about their own personal experiences as a way of judging the case. To sniff out bias, lawyers will ask jurors if they agree with statements like, “If someone is charged, they’re probably guilty,” or “Laws do more to protect the rights of criminal defendants and too little for victims and families,” or “Would you believe the testimony of a police officer based solely on his position as an officer?”

The defense is going to look for people who are more open-minded about the law, and don’t always believe that it makes the right call. The plaintiff attorney or prosecutor will generally look for people more inclined to trust authority.

One quick way to get dismissed from a jury, according to Tom King, a former Deputy Prosecutor in Indiana, is to voice strong opinions about the legal system: “Say, ‘I’ve read about these criminal prosecutions where the police and the prosecutors made up evidence and I just don’t think it’s a fair system.’”

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