Thursday, December 4, 2008

'Rocky Houston jury selection....'


This article discusses a trial in Tennesee where jurors are in the selection process for a case where two brothers are charged with killing a deputy and his ride along friend in a shootout two years ago. The judge has been dismissing jurors for being friends with people involved, having family commitments, having close ties with police officers (as one man killed was a deputy), etc. Since self-defense will be one of the main topics examined in this case, it is extremely important that the jurors be fair. The original pool of jurors were thrown out because out of the 600 people called for jury duty, no one was under age 40. The prosecuters and defense recently wanted to throw out another pool of jurors because no one was under 25, however, this time the judge said no. What should the attorneys be aware of when picking their jurors?

The attorneys should know to use research evidence to select or eliminate possible jurors. They should also use the theory of "voir dire" which is french for "to speak the truth." This theory means the questioning of jurors by both the defense and the prosecution and possibly the judge to determine whether or not a particular individual is able to deliver a "fair and impartial verdict."

What if different sides of the trial do not like a particular juror? In this situation, preemptory challenges can be used. This is a rule that allows both sides of a trial to reject a limited number of potential jurors who have unlikeable biases. They do not need to give reasons for rejecting said juror, and the number they can particularly reject is specified by the law.

The accused better hire a litigation and consulting firm specializing in scientific jury selection. These firms that have expanded and grown greatly in the past years use social science principles, market research, and advertisting strategies (focus groups and consumer profiles) to decide who will give favorable verdicts. These firms use community surveys (for example choosing a representative sample from a phone book, calling 300 people, and surveying their attitudes) and figure out which attitudes are prevalent towards issues related to the case. Then statistics are used to predict what the verdict would likely be. They also do mock trials with mock jurors that are paid, and use shadow juries that actually sits in the courtroom during the trial and helps the defense come up with strategies.These firms consist of teams of sociologists, attorneys, communication experts, marketing experts, and staff behavior psychologists. They are expensive, but can be worth it if they get good results.

Best of luck to both sides in this Tennesse trial in picking jurors, it is never easy, and we must all remember, that everyone has their very own set of biases. The good news for the accused, the trial will only take two weeks once the jurors finally get picked.

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