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Bias Jury Selection Voir Dire

Holland & Hart - Your Trial Message

Follow Five Steps to a Successful Cause Challenge

Cause challenges play an important role in jury selection. When a potential juror has an acknowledged barrier to basing their decision on a neutral understanding of the evidence and the law, they should not serve. However,...more

Offit Kurman

Inside the Jury Box: What Voir Dire Questions in Diddy’s Case Really Reveal

Offit Kurman on

In the high-profile legal drama surrounding Sean "Diddy" Combs, the public’s attention has been focused on headlines, allegations, high-profile legal teams and courtroom appearances. But behind the scenes, a critical aspect...more

Holland & Hart - Your Trial Message

Voir Dire on Attitudes Toward Wealth

America’s civil litigation system can sometimes look a little like class warfare. On one side — often, but not always the defense — there will be an organization and a group of individuals who enjoy substantially more wealth...more

IMS Legal Strategies

What to Include in a Supplemental Juror Questionnaire (SJQ)

IMS Legal Strategies on

Recent years’ events have inspired experiential and attitudinal changes among jurors across the board. The 2016 presidential election and the COVID-19 pandemic fostered a shift in attitudes about corporations, governmental...more

Holland & Hart - Your Trial Message

Use Jurors’ Availability Bias

How likely is it that a corporation’s competitor could come up with a parallel product without infringing a patent? How common is it for someone to get injured on an amusement park ride? How normal would it be for someone who...more

Holland & Hart - Your Trial Message

(Sometimes) Reinforce a Higher Threshold for Cause Challenges

As you’re waiting your turn for voir dire, you notice that plaintiff’s counsel is getting a fair number of potential jurors to admit that they might have a bias — against lawsuits, against plaintiffs’ attorneys, against...more

Holland & Hart - Your Trial Message

See the Social Roots of Bias

At the voir dire stage of a jury trial, the word “bias” gets used a lot. But do we really know what it means? The courts, in practice at least, hew to a simple meaning: If a potential juror admits to bias, that means they...more

Holland & Hart - Your Trial Message

Fact-Check the Misinformed, but Remember that Experiences Are as Strong as Facts

Potential jurors arrive at the courtroom with misinformation that might bear on your case. They could have opinions on scientific validity and reliability that will conflict with what your experts will tell them. They might...more

Holland & Hart - Your Trial Message

Remember that Feelings Trump Facts

In recent days, I’ve been thinking about all of the “QAnon” followers, and how and whether they are reconciling recent events with their belief in Donald Trump’s role in purging the top echelons of politics and society before...more

Holland & Hart - Your Trial Message

Account for the Optimism Bias

With the coronavirus pandemic infections and deaths once again surging back to peak levels, it is an odd juxtaposition that people seem to be getting out and about at increasing rates. Still, I’ve often heard after someone...more

Holland & Hart - Your Trial Message

Voir Dire on Content, Not Effect: Lessons from the Tsarnaev Appeal

We tend to think of “bias” as it applies to juries, but courts can have their own deep-seated practices. For example, judges will often prefer voir dire questions that focus on the juror’s own assessment of the influence of a...more

White and Williams LLP

Considering the Juror Pandemic Lens – Seating a Jury

Experienced trial attorneys know that jurors are not interchangeable empty vessels. Each juror enters the jury box with a wide range of experiences, beliefs and attitudes, and may be more or less inclined toward reaching a...more

Holland & Hart - Your Trial Message

Measure Your Juror’s Faith in the Jury System

As you look out at a panel of potential jurors during voir dire, there are many things you’re likely to wonder about them. Do they have any attitudes toward your client, or people like your client? Are they likely to...more

Holland & Hart - Your Trial Message

Voir Dire on Civil Disobedience

What do your potential jurors think about the necessity to follow the law at all times? While it won’t apply in all cases, it will apply to many. Recent protests against police brutality across the country have led to scores...more

Holland & Hart - Your Trial Message

Treat Truncated Voir Dire as Useless

Okay, my title is purposefully provocative, but it is not an exaggeration. Based on a recently released, first-of-its-kind, comprehensive study on the effectiveness of voir dire following common practices in civil trials...more

Holland & Hart - Your Trial Message

Prepare for (Psychological) Authoritarianism

With protests continuing in many major American cities, the civil unrest and violence has had a polarizing effect on the public. While some call for reform and for understanding of what motivates these marches, others call...more

Faegre Drinker Biddle & Reath LLP

Dire Consequences: Avoiding Waiver in Pennsylvania Jury Selection

Practicing law at a socially appropriate distance has forced many litigators to broadly consider the value of face-to-face interaction—and what may be lost in its absence. A recent Pennsylvania Supreme Court opinion...more

Holland & Hart - Your Trial Message

Ask the Court to Help You Look for Stealth Jurors

When Trump associate Roger Stone was sentenced last month for obstruction of Congress and witness tampering, there was some pushback from media, Stone’s legal team, and the President himself targeting the jury’s foreperson, a...more

Holland & Hart - Your Trial Message

De-Stealth Your Potential Juror

Harvey Weinstein goes to trial this week. Out of approximately eighty women accusing the former Hollywood mogul of sexual misconduct over the past few decades, two assault cases will be heard by a jury this week in Manhattan....more

Holland & Hart - Your Trial Message

See Trial Consulting as a Proper Part of the Adversarial System

The trial consulting field seems to fly mostly under the radar. As a part of the attorney’s confidential work product, our role in conducting research, preparing witnesses, and helping to advise on jury selection is not...more

Holland & Hart - Your Trial Message

Don’t Ignore the Elephant: The Manafort Juror Questionnaire

When your trial-bound case faces complexity, possible juror bias, or potential juror hardships — which is to say, when you have a trial-bound case — you could benefit from a supplemental juror questionnaire, particularly when...more

Holland & Hart - Your Trial Message

Attitudes on Race: Consider that the Dog Whistle May No Longer Be Necessary

How do you spot a racist? Or, to be more on point, in a legal case about racial discrimination, or another case where racial biases would matter to the assessment of the case, the parties, or the witnesses, how do you...more

Holland & Hart - Your Trial Message

Avoid Juror Self-Sabotage

Several years ago, I sat in a courtroom in Pennsylvania, assisting the defense in a capital murder jury selection. The process was involved, and potential jurors were interviewed one at a time after completing a comprehensive...more

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