Jury selection is difficult. It is impossible to predict exactly how any one individual is going to decide the case. Instead, we look for indicators or glimpses into how a potential juror might decide the case. Some attorneys rely on the simple lifestyle choices of jurors, such as their news sources or what the bumper stickers on their cars say. Others use voir dire to explore jurors’ case-related attitudes and life experiences. While some methods are more reliable than others, they are all imperfect tools for trying to predict the future.
These imperfections inevitably lead to moments of uncertainty during jury selection where attorneys struggle to determine who, among a few possibilities, is the best choice for the use of a peremptory strike. Even when attorneys are confident in their identification of “bad jurors,” the situation often arises where they have fewer peremptory strikes than “bad jurors.” Continue reading →
In this episode of The Sniper Defense, Podcast Playbook for the Defense, jury expert Thomas M. O’Toole, Ph.D. discusses the ten key turning points in jury deliberations that influence the momentum for one party or another.
If you follow my blogs and publications, you know that one of my common phrases is, “a verdict is the product of what jurors choose to talk about during deliberations.” This is a critical point to consider during your case strategy development process. However, we can simplify this statement even more within the context of jury selection to something along the lines of, “a verdict is the product of who does the talking in deliberations.” Continue reading →