The Psychology of Jury Selection

By Fred Crouter

Each year juries decide thousands of cases. Although the majority of these cases are not settled by juries, predictions about juries frequently influence the decision whether or not to pursue a jury trial.

As far in advance of the trial date as is practical the pre-trial investigation of prospective jurors is an absolute must in every case that can financially afford it.

Pre-trial Investigation has become much more complex with the use of the internet and the depth of the investigation varies according to finances available. Since the internet is ever evolving the sources available will not be discussed here but a good beginning point would be a “Google People Search” , “Zabasearch”, and “Spokeo”.

This book will begin with an analysis of the pre-trial investigation of the jury panel and the data that should be collected.
It will conclude with non-verbal and body cues of the jurors.

• Language: English
• Publisher: Fred Crouter
• Release date: May 9, 2015
• ISBN: 9781310717932

Fred Crouter

Retired Psychologist with over 50 years of experience in private practice. I studied Transactional Analysis with Eric Berne in Carmel, CA. - Gestalt Therapy with Fritz Perls in Esalen, CA - and Behavior Therapy with Joseph Wolpe at the Pennsylvania Institute While in private practice I taught Medical Hypnosis as a Continuing Education program for Doctors and Dentists at Creighton University.I am the author of the book “Life RUTS – How you got into them – How to get out of them” which is now out of print in paperback but still available as an E-book.

Book preview

PREFACE

Each year juries decide thousands of cases. Although the majority of these cases are not settled by juries, predictions about juries frequently influence the decision whether or not to pursue a jury trial.

As far in advance of the trial date as is practical the pre-trial investigation of prospective jurors is an absolute must in every case that can financially afford it.

Pre-trial Investigation has become much more complex with the use of the internet and the depth of the investigation varies according to finances available. Since the internet is ever evolving the sources available will not be discussed here but a good beginning point would be a Google People Search, Zabasearch, and Spokeo.

This book will begin with an analysis of the pre-trial investigation of the jury panel and the data that should be collected.

It will conclude with non-verbal and body cues of the jurors.

PRE-TRIAL INVESTIGATION

Jury Questionnaires Will the questions used:

Be completed before the trial?

At the trial?

Will there be time to review the responses before questioning the voir dire (e.g. recess, or overnight)?

Will lawyers be allowed to ask follow up questions based upon jurors answers?

Voir Dire Questioning Who will ask the questions? What will be the format for questioning?

Trial judge conducts the preliminary examination. Trial judge conducts all the questioning

Jurors are questioned in a group setting

Individual questions by lawyers are allowed

Other potential jurors are spectators

Sensitive area questions are held in judge’s chambers Open ended questions are allowed

All investigations start with the jury list of those selected for the jury panel. The list identifies the juror by name and usually gives the address and occupation. Some lists provide more data and all data listed should be used.

Analyzing the Data

If you only receive minimal information (Name, sex, age, and occupation) you still have some valuable data to draw upon.

The Sex: You can usually identify the sex of the jurist by name