Are You Going About Jury Selection Properly?

When it comes to jury selection, asking the right questions is crucial for uncovering hidden biases and gaining insight into a juror’s potential influence in the deliberation room. In this edition of MagnaFYI, we explore three key lists: essential questions that every lawyer should consider during voir dire, the questions that should never be asked, and some of the most bizarre jury selection questions ever heard in courtrooms. By strategically probing into a juror’s worldview, values, and experience, attorneys can make informed decisions that could ultimately shape the outcome of the case. Let’s dive into the good, the bad, and the ugly of jury selection!

The Good – Top 5 Jury Selection Questions a Lawyer Should ALWAYS Have

  1. Who is the one public figure (living or dead) that you most admire?
    • Who jurors admire can reveal a lot about their personal ideology (e.g., Greta Thunberg, Elon Musk, Martin Luther King Jr., Jesus Christ). It’s important to specify “public figure” to avoid answers like a family member, which is less useful in this context.
  2. Do you have any bumper stickers on your vehicle? If so, what do they say?
    • The messages jurors choose to display to the public can provide insight into their worldview and the issues they care about. For example: “Down with the 1%,” “Honk If You Love Peace and Quiet,” “Don’t Tread On Me,” “Meat is Murder.”
  3. Do you hold any leadership roles at work or in your community?
    • Individuals with leadership experience in their daily lives are more likely to take on a leading role in the deliberation room. Leaders can steer the conversation and frame the group’s thinking in a way that aligns with their own views. Identifying leaders who might be detrimental to your case should be a primary objective during voir dire.
  4. Do you have any experience or training related to the issues in this case? Specify the issues.
    • In the deliberation room, jurors often make decisions under uncertainty and about matters they may not fully understand. They tend to look to those with relevant experience, even if only distantly related, to provide context. These jurors can become the “experts in the deliberation room,” influencing the group’s thinking. As such, they should be carefully vetted during voir dire.
  5. Is there any reason why my client would not want you on this jury?
    • Jurors may be willing to disclose biases, but they might not do so unless directly asked. This question encourages them to share any concerns that could affect their impartiality. It is a crucial catch-all question that gives jurors a final chance to speak up before being potentially empaneled.

The Bad – Top 5 Things you Should NEVER Ask a Juror

  1. Questions about their ability to remain neutral
    • For example, “Can you be a fair and impartial juror?” Avoid questions that might make jurors feel pressured to give answers they think are socially acceptable rather than their true feelings. Because of a phenomenon known as social desirability most folks will answer this question yes even in the instance of clear bias or prejudice. For most folks who answer this yes usually means they are trying to get off the jury and not serve.
  2. Questions about their personal beliefs on guilt or innocence
    • Asking jurors if they believe someone is guilty just because they are charged can introduce bias. Even if a juror hadn’t formed an opinion, this question might prompt them to start thinking along those lines. Additionally, asking this directly could create an atmosphere where jurors feel pressured to make assumptions, rather than maintaining the objectivity required for a fair trial.
  3. Questions that may lead to stereotyping, such as implicit bias
    • Questions should be avoided that lead to assumptions based on demographics such as gender, race, appearance, etc. For example, asking questions based on demographic factors (like gender, race, or appearance) can reinforce stereotypes and influence jurors’ perceptions in unintended ways. This not only undermines the fairness of the jury selection process but also could violate ethical standards and lead to appeals or mistrials.
  4. Questions that could lead to the Dunning-Kruger effect
    • Avoid questions that might cause jurors to overestimate their own knowledge or abilities. This can lead to jurors becoming overconfident in their judgments, potentially skewing the deliberation process. Jurors who believe they know more than they do may dominate discussions, influencing others based on misguided confidence rather than informed opinions.
  5. Questions that could induce the bandwagon effect
    • Avoid questions that might make jurors more likely to conform to the opinions of others. This diminishes the value of diverse perspectives in the jury room and can lead to groupthink, where critical analysis is overshadowed by the desire for consensus. Avoiding such questions helps ensure that each juror’s individual judgment remains independent, contributing to a more balanced and fair deliberation process.

The Ugly – Top 5 CRAZIEST Jury Selection Questions Ever Heard

While we can’t include the specifics of the cases these questions came from, we’ll let you use your imagination as to how interesting, and perhaps humorous, they ended up being!

  1. How many of you believe the 2020 election was rigged?
  2. If you could be any kind of tree, what kind of tree would you be?
  3. I see here in your juror questionnaire that you belong to the Church of Satan. Is that a Catholic or Protestant denomination?
  4. Mr. Jones, I understand you have 11 children. I am curious, what do you do in your spare time, that is other than the obvious?
  5. Mrs. Smith, despite the defendant being your son in this criminal case, don’t believe you could still be fair and impartial?

In Short

Jury selection is an art form that requires careful consideration of not only the questions you ask but also the ones you avoid. By understanding the psychology behind jurors’ responses and steering clear of questions that may introduce bias, foster overconfidence, or lead to conformity, attorneys can build a stronger, more impartial jury. Whether it’s identifying a potential leader in the deliberation room or avoiding socially desirable answers, the key is to probe thoughtfully and strategically. With the right approach, the foundation for a fair trial can be set—and those infamous, cringeworthy moments in court can be avoided.