New York Criminal Defense: Tips on Jury Selection For Defense Attorneys
Tips on Jury Selection For Defense Attorneys
These suggestions were passed on to me by an excellent, experienced attorney who wishes to remain anonymous:
1. In jury selection you will be engaging in several efforts at once -picking the jurors who are best for your case, educating the jury, developing your challenges for cause, figuring out who these people are, and letting the jury know you are way cooler than the DA. On challenges for cause, when you develop them the judge may swoop in and try to rehabilitate the juror by asking, "You will follow my instructions, won't you?" in some menacing fashion from on high, black robe billowing. If this happens during your voir dire, you can may still be able to ask the juror afterwards about his or her original concerns, and revive the challenge. If a juror says "I think I can be fair" or answers the judge's questions (or yours or the DA's) in an equivocal way that's not enough to avoid the challenge for cause. (People v Arnold [96 NY2d 358, 363]). Make sure that your challenge is on the record - in case the judge incorrectly denies the challenge.
These suggestions were passed on to me by an excellent, experienced attorney who wishes to remain anonymous:
1. In jury selection you will be engaging in several efforts at once -picking the jurors who are best for your case, educating the jury, developing your challenges for cause, figuring out who these people are, and letting the jury know you are way cooler than the DA. On challenges for cause, when you develop them the judge may swoop in and try to rehabilitate the juror by asking, "You will follow my instructions, won't you?" in some menacing fashion from on high, black robe billowing. If this happens during your voir dire, you can may still be able to ask the juror afterwards about his or her original concerns, and revive the challenge. If a juror says "I think I can be fair" or answers the judge's questions (or yours or the DA's) in an equivocal way that's not enough to avoid the challenge for cause. (People v Arnold [96 NY2d 358, 363]). Make sure that your challenge is on the record - in case the judge incorrectly denies the challenge.
