Everything you wanted to know about your jurors but were afraid to ask
Regardless of what your case is about, there are some general characteristics of potential jurors that will make them good jurors for a wide range of cases. If you find jurors that have these characteristics and you feel like they can identify with your client, you are well on your way to winning your case. This column will explore what makes some people presumptively good jurors for any case.
Leaders
You want to find the leaders on your panel, and select the ones who will be the biggest advocates for your case. A leader who views your case as you wish they all did may be just the person who will make that happen.
You can identify the leaders by knowing what qualities to look for. Leaders are proactive and outspoken; they may raise their hand quickly and confidently in response to one of your questions, as they are unafraid to express their views. Although they may be assertive, however, their demeanor is natural.
When they get into the jury deliberation room they will lead by example, not by force. They will listen with an open mind to the thoughts and concerns of their fellow jurors; this showing of respect will build their trust. Leaders are noticeably enthusiastic and capable; their views about your case will consequently inspire the other jurors.
To find your leaders, pay close attention to their answers to your questions about both their professional and personal life. Some leaders are easy to spot because they hold supervisorial positions in their professions. You may also ask jurors who hold such positions how they feel about supervising other people.
The Robert Blake questionnaire came right out and asked jurors if they would characterize themselves as a leader or a follower. Prior jury service also may increase the likelihood that someone will function in a leadership role back in the deliberation room, especially if the juror was the foreperson in a previous trial. Once you have identified the leaders on your panel, you of course want to ask the critical second question, which is whether or not they will identify with your side of the case.
Genuine interest
Good jurors for your case should be alert and paying attention to the proceedings at all times. The ones who are genuinely interested also will be enjoying the process, which will be demonstrated by their demeanor, body language, and the answers to your questions.
When probing to identify jurors who may not be attentive during trial, be wary of those whose jobs or interests keep them up late at night. If you see signs of fatigue on some of your potential jurors, ask about it. Beware of other circumstances that may distract your jurors in court, such as personal problems or failing heath.
In addition to attentive jurors, you also want good note-takers, especially if your case will be long and complicated. To avoid read backs of testimony, you need at least one juror who is interested and alert, but also a good note taker. Most judges will ask jurors not to take notes until the evidence begins, which means to identify probable note takers you will need to ask questions designed to elicit their job description and organizational skills, including perhaps specific questions about whether they take notes in similar circumstances.
On the other hand, make sure you do not select jurors who will be so intent on taking notes that they miss critical testimony or courtroom observations. Jurors who constantly look down at their notebooks can miss a witness' gestures or demeanor.
Good working in a group
Obviously, if selected, your jurors are going to have to successfully function as a group. Some people are loners who would rather not engage in that dynamic. Others are opinionated loudmouths who will alienate or intimidate their fellow jurors. The latter are easy to spot. But you may not always be able to pick out these people who are uncomfortable around others by asking directly, because many people prefer not to acknowledge their lack of social skills or preference for solitude. You may, however, be able to decipher this information through questioning about their job descriptions or how they choose to spend their personal time. The best way to spot these folks may be to note what they do in the hallway.
Please tune in next month as we examine what kind of jurors are generally bad for most cases, and we will also discuss the use of jury consultants.
Patrick Mazzarella is a deputy district attorney in the Family Protection Division of the San Diego District Attorney's Office and is the Chair of the San Diego County Bar Association Ethics Committee. She can be contacted at wendy.patrick@sddt.com. Comments may be published as Letters to the Editor. The information in this column is intended to be informational only and does not constitute legal advice. Please shepardize all case law before using.
