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A Millennial Could Be Your Next Jury Foreperson

Millennials – the generation born between roughly 1980 and 2000 – are showing up in large numbers to perform their civic duty.  In fact, this year alone we’ve had several trials in which the post-hardship jury pool was nearly 50% or more Millennial after hardships.  More importantly, in two very recent trials, a Millennial served […]

Maximizing Cause Strikes: How Do I Get Jurors to Say They Can’t be Fair?

As we’ve mentioned in previous posts, eliciting bias and obtaining cause challenges should be the primary objectives of voir dire. Each juror you are able to remove for cause is essentially equivalent to having an additional peremptory strike that your opponent does not. Indeed, a successful voir dire should tilt the playing field in your […]

What to Ask in Voir Dire

At a recent Continuing Legal Education seminar I was presenting to a group of attorneys, I was discussing potential questions the attorneys might consider asking prospective jurors during voir dire.  The specific question was, “Who believes there should be more regulation of workers’ rights or that there is no change needed?”  Just as I was […]

Is It Better to Have Greater or Fewer Peremptory Strikes?

While the number of peremptory strikes allotted is typically prescribed by statute, there are some instances – such as when there are multiple defendants – where statutes may provide the parties with additional strikes.  Many of these provisions require the judge to make an interpretation of the rule or determine whether parties on the same […]

What Are the Standards and Procedures for Jury Selection in My Jurisdiction?

As a national trial consulting firm, we are often asked to assist with jury selection in jurisdictions where lead counsel has been admitted pro hac vice and may not be closely familiar with the standards and procedures for jury selection in the trial jurisdiction.  Although local counsel can be a great resource for obtaining more […]

How Do I Connect with Jurors? The Role of Juror Analysis in Persuasion

Everyone knows that it is good trial strategy to connect with jurors and avoid alienating them, right?  But sometimes, in our eagerness to advance aspects of our case, we don’t think of how some of our words and actions are perceived by jurors. In our over 20 years of talking with jurors in post-trial interviews […]

How Should I Introduce My Jury Consultant at Trial?

Many of our clients are concerned about how jurors would perceive them if the jurors learned the client hired a jury consultant to be present during jury selection.  After all, most depictions of jury consultants in books, television and film, portray a secretive, intrusive and often unethical character working to absolve a guilty defendant.  While […]

Is It Ethical to Research Jurors Online during Jury Selection?

With limited time and opportunity to question jurors during voir dire, attorneys are increasingly turning to jury consulting firms to conduct online research in hopes of learning more about the people who may be deciding their cases.  Internet research of a jury panel can produce a wealth of information – information that jurors may not be forthcoming or candid about during voir dire, information that the judge may deem […]

Are Jurors Biased Against Foreign-Made Products?

Since the start of the recent economic recession, American consumers have been torn between favoring American-made products, with the idea of securing jobs in the U.S. for American workers, and the affordability of the products they need for their households.   For a product to wave the “Made in the USA” label, it can only have […]

What Is the Best Way to Defend a Batson Challenge?

In a previous blog, we discussed key points for making a Batson challenge, but what do you do when circumstances are reversed?  In most cases, these challenges are made in an effort to disrupt a successful voir dire or to rattle an opponent before opening statements.  Stay calm; with a little organization and good note […]

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