; Ten Rules For Great Jury Selection: With Some Lessons From Texas Case Law
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Ten Rules For Great Jury Selection: With Some Lessons From Texas Case Law

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Jury selection is the most difficult and intimidating part of the trial. It is intimidating because the trial lawyer must not, if he is to learn anything about the potential jurors, simply follow a prepared script. While preparation is crucial, such preparation must include anticipating and preparing for the unexpected. The trial lawyer's job, especially during jury selection, is not to talk, but to listen and to "feel." The main purpose of jury selection is to discover any bias and prejudice against you, your client, or your case, and to provide you with the sufficient information to move to strike potential jurors for cause, and to enable you to make informed, intelligent peremptory challenges. Bias is an inclination toward one side of an issue rather than to the other, but to disqualify, it must appear that the state of mind of the juror leads to the natural inference that he will not or did not act with impartiality. Prejudice is more easily defined, for it means prejudgment, and consequently embraces bias: the converse is not true.

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