Choose essential questions. While it might be nice to know what magazines and books the juror reads, or what their favorite TV shows are, are the answers to those questions where you are going to get the most bang for your two minute perjury buck? Probably not.
As a defense attorney, I like to include some variation of questions regarding the jury’s understanding of the importance of keeping an open mind throughout the case. The ADA civil right law and business details consult with an ADA lawyer.
Since the plaintiff goes first, starting with jury selection and continuing with the opening statements, the introduction of evidence and final arguments, this is a good time for the defense to remind the jury about who has the burden of proof - the plaintiff. While we know from jury research that jurors are probably incapable of truly keeping an open mind throughout the case and do make their judgments as early as jury selection and opening statements, it’s still important to remind them that there are two sides to every story.
Try to stay away from words like “bias” and “prejudice”; be more subtle. While one of the primary goals of the jury selection process is to uncover juror biases, no juror will admit to being prejudiced and will be offended at the suggestion. Most jurors believe they are nothing but fair and just.
Asking questions such as “Is there an even playing field?” or “Are you already leaning a certain way?” or “If we were running a race, is my client already a little behind, given how you feel?” is a better way of getting to the issue of bias. Jurors should be reminded that there are other cases being tried in the courtroom, and if this is just not the case that is right for them, because of similar life experiences, it doesn’t mean they are not a fair person. They are just not right for this case. A juror will be more likely to admit to a bias if they are not attacked directly on their predispositions.
