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18 Jury Expert 1 (2006)

handle is hein.journals/jurexp18 and id is 1 raw text is: Knowing When and How to Indoctrinate By Alan Tuerkheimer, M.A., J.D. It's time for voir dire, but is anybody listening? Are jurors listening to attorneys? Are attorneys listening to jurors? More often than not the answer is no. Regardless of case type or jurisdiction, jurors are checking out. Their attention spans are flat-lining during a crucial phase of trial - voir dire. At a critical time when jurors need to be particularly focused and engaged, they are losing focus and disengaging. Why is this happening? The reasons are varied and the problem is serious. Sometimes, jurors are put off by an attorney's combative style or demeanor. Other times jurors are confused by awkwardly worded questions they do not understand, or by attorneys who seem more concerned with their next question than with listening to jurors as they respond to the question at hand. Ironically, it is during voir dire that attorneys have their best chance to bond with the panel. Even if the jury selection is effective, it is during these early stages of voir dire that first impressions are being formed by jurors, and there will never be another opportunity to do just that. Compounding the problem is that most attorneys say voir dire is their least favorite part of the trial process. Courtroom lawyers thrive on the adversarial nature of trials and have learned how to be effective advocates. However, achieving success during jury selection requires a somewhat different approach. Attorneys need to play by a completely different set of rules if they are going to conduct a successful voir dire. Combative, aggressive or argumentative questions will not help 6 Stories Breathe Life Into Law: Discover how the art of storytelling can reveal the truth to jurors, not just the facts. 8 Quick Courtroom Tips: A reminder that you can Raise Emotion by Speaking Lower. 9 3ury News: Jury Selection: Is There an Anti-Education Bias? 10 The Summary 3ury Trial: A Tool for Discovering 3uror Reactions Learn how a summary jury trial can save you time and money without sacrificing the integrity of a real courtroom jury trial. I-

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