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Jury Selection |
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It sounds simplistic to say the jury is the basis of counsel’s efforts at trial. However, in many trials the focus of the effort is placed upon the gathering of evidence rather than attempting to understand the jurors. A profile of the jury pool and a prediction of their probable reaction to each argument is crucial to developing a successful argument. The Jurinex consultant will provide counsel with the tools required to understand the jury pool, the characteristics of the venue, and to identify the profile of undesirable jurors. Once the jury is selected, the individual juror data is used to shape the argument to achieve maximum impact for each juror’s profile.
PROFILE THE HIGH RISK JUROR
The initial objective in jury selection is to seat a jury that is open minded and will listen to the client’s point of view. As expected, this ideal juror is hard to find. Therefore, Jurinex works closely with counsel to develop a profile of a juror that would be unlikely to deliver a verdict favorable to the client so that those individuals can be challenged during jury selection.
The senior consultant can assist in identifying the characteristics, experiences, background, traits, work history, etc. that would most likely produce a negative bias toward the client’s case. This profile is based on the consultant’s experience, the case facts, previous similar trial results, focus group findings, experience from the mock trial, and relevant geo-political considerations. Only after this profile is established can a meaningful and effective jury selection process begin.
DEVELOP JUROR QUESTIONNAIRES
Once a profile of the high risk juror has been established, the senior consultant works closely with counsel to develop written questionnaires that will identify individuals to be excluded from the jury. The questionnaires are reviewed and each potential juror is given a ranking in preparation for verbal questioning. Our consultant then develops verbal questions that will assist the judge and counsel in further identifying negative characteristics in potential jurors. The experience and objectivity of our senior consultants allows them to assist counsel in quickly developing a series of questions that identify undesirable characteristics in the potential jurors.
REDUCE ATTORNEY WORKLOAD
During the time of jury selection counsel’s workload is typically very high due to the changing status of the case, organizing opening arguments, modifying the exhibit and witness lists, as well as managing the all important task of jury selection.
At this busy time the senior consultant’s ability to manage the juror profiling and provide recommendations on jury selection allows him to provide a valuable support for counsel. The time and energies of counsel can then be more effectively directed toward preparing for the opening statement and the trial itself.
ADJUST PRESENTATION TO JURY
Once the jury has been seated, the case strategy and story line must be refined to react to the seated jury’s profile. Our senior consultant will develop recommendations for modifications to the case strategy that will be most effective in persuading this particular jury. These recommendations rely on his/her experience and on the established profiles of each juror. The recommendations may include points to emphasize or avoid, mannerisms or style of presentation, changes in exhibits or witness, techniques, etc.
Our consultant will continually observe the jury before and during the trial and will make real time observations and recommendations to counsel. Jurinex will provide the experience and the resources to create the most favorable jury response possible.
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