News & Analysis as of

Juror Jury Selection Voir Dire

Holland & Hart - Your Trial Message

Your Voir Dire Questions: Don’t Be Scared of Simple

By Dr. Ken Broda-Bahm: Yesterday, I spent the full day as a prospective juror at the Lindsey-Flanigan Courthouse in Denver. As you can tell from the fact that I’m writing about it, I did not get selected for the jury...more

IMS Legal Strategies

Defending Against Courtroom Conspiracies Through Storytelling

IMS Legal Strategies on

Misinformation "poses an unprecedented threat in 2024," according to NBC News. No matter which side of the many social divides someone stands on, they can find a readily available source to support their opinion—and a...more

Holland & Hart - Your Trial Message

Counter “Safetyism” With Realism

There is a perspective on juror attitudes that has been receiving some attention lately. “Safetyism” refers to an individual’s tendency to not merely prefer safety, but to demand unrealistic standards of protection — no...more

Holland & Hart - Your Trial Message

Voir Dire: Before You Ask ”Can You Be Fair?” Know What You Want the Answer to Be

The court’s purpose in voir dire is to use the time to identify and eliminate those jurors who would have the hardest time giving the case a fair hearing. But layered onto that purpose is the advocate’s goal of working toward...more

IMS Legal Strategies

What Are the Standards and Procedures for Jury Selection in My Jurisdiction?

IMS Legal Strategies on

As a national trial consulting firm, we are often asked to assist with jury selection in jurisdictions where lead counsel has been admitted pro hac vice and may not be closely familiar with the standards and procedures for...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

IMS Legal Strategies

Using Jury Research to Benefit Your Case Story & Strategy

IMS Legal Strategies on

As most litigators know, jurors’ attitudes and opinions often influence how they filter the facts of a case. It is through these lenses that jurors develop their perceptions of the parties and their corresponding motives,...more

Holland & Hart - Your Trial Message

Avoid Social Desirability Bias in Voir Dire: Six Tips

Imagine you’re currently a citizen of the Russian Federation. The telephone rings, and the person on the other end of the line identifies themselves as a public opinion researcher, and they’re conducting a poll. “How do you...more

Holland & Hart - Your Trial Message

Be Tactical in Jury Selection

The voir dire process has got to be one of the most complex, information-rich, and high-stakes communication settings. To someone unfamiliar with the rituals, it won’t always be clear what is going on or why. For new...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

Once More, Into the Mask: Expect a Post-Pandemic Courtroom to be a Ways Off

It is as if the public health groundhog emerged from its den, saw its shadow, and now promises six more months of confusion, polarization, and pandemic fatigue. With the more-transmissible Delta variant of the Coronavirus...more

Holland & Hart - Your Trial Message

Complete Your Jury-Prep Checklist

In the lead-up to trial, a good trial lawyer has many checklists. Some deal with motions to the court. Some deal with disclosure deadlines, some with witness notifications. In this article, I would like to address the broader...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

U.S. Legal Support

Remote Voir Dire: How to Conduct Effective Voir Dire in the New “Courtroom”

U.S. Legal Support on

Most jury consultants agree that voir dire is the trickiest part of a trial, for many reasons. First, it’s tricky because the seated jury will ultimately decide the outcome of the case (even though the judge sets strict...more

Holland & Hart - Your Trial Message

Guard Against “Expressive Response” in Voir Dire

We know that perceptions of facts can be filtered by a strong partisan lens. Differing narratives regarding the recent election of Joe Biden and Kamala Harris have brought that into sharp relief. While a majority of Americans...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

Juror Questionnaires: Expect Some Deception

In courtrooms making tentative steps toward reopening to in-person jury trials, some of the parties have called for increased use of juror questionnaires, ideally filled out ahead of time either by mail or online. This makes...more

Holland & Hart - Your Trial Message

Voir Dire on Willingness to Serve

When jury trials start up again, one way or another, it is going to be a strange and potentially uncomfortable experience for the jurors. If reporting in person, they will be dealing with distancing, masks, temperature...more

Rumberger | Kirk

Political Affiliations and Jury Selection: Using Social Media and Voir Dire to Impact Juror Selection and Outcomes

Rumberger | Kirk on

With today’s ever-changing political climate, a juror’s political affiliation is an important factor to consider throughout the voir dire process.  Political attitudes can create gridlocks, contention and animosity among...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

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

Consider the Contagiousness of Bias

The word “contagious” these days likely evokes fears of the rapidly spreading coronavirus. The concept has long been applied to cognitive biases, as well. Influential attitudes and experiences can also, like a virus, be...more

27 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide