Effective Defense Voir Dire: Making Sense of Jurors ...

1 Effective Defense voir Dire: Making Sense of Jurors ' Experiences Knowing the backgrounds of Jurors enables trial counsel to conduct an Effective voir and to communicate easily with Jurors during trials By Cynthia R. Cohen Cynthia R. Cohen, , founded Verdict Success, based in Manhattan WHAT every lawyer wants is a favorable Beach, California, a litigation consulting verdict. Effective voir dire can be the key firm specializing in jury research, in to that. A good voir dire followed by an 1986. She is a graduate of the University of Southern California ( 1984, Effective opening statement can shape the 1979) and the University of California at direction that a case will take.

2 A competent Los Angeles ( 1977). She has taught jury consultant can assist an attorney in courses in communication, research communicating with the jury by Making design, instructional models, psychology predictions regarding how each juror will of sex differences, tests and measure- view the case. ment, and television and media effects. These predictions are based on discover- She is an associate member of the Ameri- ing individual juror's biases. A juror's past can Bar Association and contributed to experiences, including any exposure to the Litigation Section's Task Force on media coverage, creates biases.

3 Jury re- Jury Initiatives. search is a means for identifying these biases and dispelling stereotypes. Besides experience than someone 300 miles away. understanding Jurors ' experiences and per- If more than 300 miles from the epicenter, ceptions, lawyers must recognize other ob- but watching television news, people may stacles to Effective presentation of the evi- believe that they know what it is like to be dence and constructing clear analogies. in an earthquake. Attitudes are more likely to change Jurors ' EXPERIENCES.

4 When there are no personal experiences re- The strongest influence on Jurors is their flecting the issue. During voir dire, Jurors particular experience with and exposure to could be asked about their attitudes about issues pertaining to the trial. During their drunk driving, but it is more revealing to lives, Jurors have experienced many things ask about their experiences with automo- that filter how they will view the trial pro- bile accidents or drinking. If a person was cess. The closer their experiences match the a passenger in a deadly accident, that expe- central case issue of a case, the stronger rience will never be forgotten.

5 A bystander their convictions about the issue. Searching witnessing a fatal accident may remember for the behavior or experiences that reveal it. Seeing a serious accident on television the core belief of each juror is critical. This news may fix it in one's memory, but it epicenter, so to speak, will influence con- will fade away more quickly. Again, the victions in the deliberation room. closer one is to the actual experience, the The closer to the epicenter, the stronger stronger the effect of that experience. the experience.

6 If on January 17, 1994, you Experiences are a stronger determinant were at the epicenter of the Northridge, of verdicts than attitudes. Individuals are California, earthquake, your experience products of their genetic makeup and envi- with earthquakes is stronger than if you ronment. Events and cognitive processing were 30 miles away. Someone 30 miles shape their attitudes. Attitudes shift, but from the epicenter has a more memorable events and experiences are unchangeable. Effective Defense voir Dire Page 349. THE MEDIA not always in court to speak for them- In deciding on a verdict, Jurors draw on selves?

7 Their experiences and their knowledge Answer: Fair? They should tell their base, which can vary drastically. Jurors , story! . other than Jurors who are lawyers or law Then the Defense counsel questions: students, obtain most of their knowledge Ms. Jones, you said earlier in response to of the law from television. the plaintiff's attorney's question that you thought that the families should have been A. What Jurors Have Heard/Seen/Read given an opportunity to tell their story. In A Civil Action, the trial was divided into Even if a particular case does not have a two stages to separate the cause of the spill high profile, Jurors have heard or read from any sympathy about these children something about the legal system prior to who may or may not have been affected by their jury service.

8 Virtually all Jurors the spill. Can you separate cause of a toxic watch television. Some Jurors have be- spill from sympathy? . come addicted to depiction of trials la Many Jurors also watch real crime . Ally McBeal, The Practice, LA Law, television Hard Copy, and the television Matlock, People's Court, and Perry Ma- newsmagazines such as 60 Minutes. Tele- son, all of which have been hit television vision newsmagazines have become more series. John Grisham's many popular nov- prevalent in the last decade with the addi- els often show up on the laps of Jurors tion of Dateline and 20/20.

9 The increased waiting to be called into the courtroom. number of newsmagazines that are aired Whether television drama accurately on multiple nights generally throw nega- shows the courtroom, this depiction be- tive light on defendants. With the in- comes part of the Jurors ' knowledge base. creased demand for new stories, producers What matters to the outcome of the trial are looking more closely for stories of pos- are the perspectives that the Jurors bring to sible misdeeds from some giant company. the courtroom. Being portrayed on a newsmagazine is more common today as are the chances the B.

10 Combating Negative Media jury pool has been poisoned by the por- Influences trayal before the Jurors are selected. If there has been a toxic spill, chances Dateline has hammered the car industry are the newspapers and television stations in rollover and tire defect cases. We can in the vicinity of the venue have covered assume the jury pools have been poisoned the story and Jurors have seen the cover- by tales of Firestone tires. Dateline aired age. Jurors also may have read the book or a tire story the night before we picked a seen the movie, A Civil Action.