As with Irving Younger’s “10 Commandments of Cross-Examination,” there are wise rules for other processes occurring before or during trial. This article posits “10 Commandments” for jury selection:
- Be personable and professional
- Personalize client and self
- Eliminate barriers
- Escalate gradually
- Use open-ended questions
- Initiate a group discussion
- Use disclosure to obtain disclosure
- Avoid blue-sky questions
- Prick boils
- End with a catch-all question
The simple truth is that these rules are situational and not absolute. By way of example, lawyers in death penalty cases practice quite differently, using what some call the “Colorado method.” But notwithstanding the observation that these commandments are not fit for all trials, they are sound advice. Try asking the open-ended “what does it make you think when you hear that” or “I was robbed so I know I couldn’t be the most fair juror in a robbery case; since this is an auto accident case and your daughter was recently hurt in a car crash, do you fear that might be the same for you?”
Improve voir dire by starting with this article.