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17 Jury Expert 1 (2005)

handle is hein.journals/jurexp17 and id is 1 raw text is: The Jury ExpertT Voir Dire Checklists and Jury Selection Strategies I January, 2005 Essential Voir Dire in a Hurry by Valerie A. Bryant, MA Certified Trial Consultant Editor ' Note: Seepage 3 of this issue for a com- panion article and sample voir dire questions relating to this topic. In many jurisdictions, the time allotted for attor- ney voir dire is extremely limited. This article provides four essential elements that should be included in your voir dire plan when time is of the essence. 1. Establish Winning Rapport Critical to any voir dire is establishing rapport with jurors to gain credibility and stimulate con- versation. Enhancing credibility enables the lawyer to attain a relationship of trust, respect and understanding as the trial progresses. Attor- neys can accomplish this goal by encouraging jurors to speak, listening attentively and refrain- ing from interruptions. CONTENTS Features - Essential Voir Dire in a Hurry ......... 1 Columns Pattem Voir Dire Questions - Planning Voir Dire When You Don't Have Much Time ....................... 3 Juror Research - Lessons From Focus Groups & Trial Simulations .... 6 Trial Weapons - Notes From the Robert Blake Murder Trial ...... 8 A simple, but commonly overlooked technique to alleviate attorney intimidation, is to begin with easier questions. Another important element of rapport-building is to show a sincere interest in the responses of all potential jurors. Jurors who perceive the attorney is genuinely interested in what they have to say will be more forthcoming and candid during voir dire, will develop a bond with the lawyer, and will be more easily per- suaded. Jurors who believe an attorney is genuinely interested in what they have to say will be more forthcoming and candid Positive reactions and responses from jurors will be further enhanced by making them feel com- fortable, treating them with respect, avoiding stereotyping, and being nonjudgmental. 2. Ascertain Beliefs, Attitudes and Values Lawyers should engage each prospective juror in conversation to elicit background information that will enable the questioner to ascertain the beliefs, attitudes, and values of the juror. When jurors open up and talk about themselves, they may reveal biases that will otherwise go undetected. The best approach is to ask open- ended questions that will give jurors the opportu- nity to elaborate during their responses. Always follow up with how and why questions to elicit such additional information. If allowed, a jury questionnaire provides an opportunity to attain valuable information that jurors may otherwise be reluctant to share during group questioning. With limited time to conduct © 2005 Litigation One Publishing wm Volume 17, Number

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