How do Attorneys Select Jurors?

Most people have received a summons for jury duty at least once. The process varies by county and state, but most counties try to limit jury duty to once every two or three years.

The number of jurors per case is dependent upon the crime and type of court where the trial will be held. District, federal and non-district courts often have a varied number of jurors per case, usually anywhere from 6 to 12 jurors. Additionally, due to the severity of the crime, capital punishment trials will have 12 jurors.

Once the potential jurors arrive at the court house or justice center, multiple cases may be selecting jurors throughout the day. Anywhere from 30 to 60 jurors will be randomly selected for the initial screening of each case. The plaintiff's and defendant's attorneys will be present at the screening, carefully critiquing each potential juror.

A few techniques often used during this process are outlined.

1. Beliefs and Attitudes
Every individual builds a collection of beliefs and attitudes throughout a lifetime. Those beliefs become stronger with age, and a "worldview" is developed over time. This worldview is a lens through which an individual filters and processes information. By no fault of the individual, any information that does not comply with that worldview can easily become distorted. With this in mind, trial evidence and information may be subject to distortion. For instance, the defendant's attorney may not prefer to have a Mother's Against Drunk Driving (MADD) activist as a juror if the defendant is potentially at fault for a DWI car collision. The mother's attitudes and beliefs about drunk driving may distort critical evidence that might otherwise be in favor of the defendant.

2. Leaders and Followers
Similar to beliefs and attitudes, individuals within a group situation are usually prone to either rise as a leader or step in line as a follower. Any potential leaders who reveal an unfavorable impression of either the plaintiff or the defendant are problematic to the attorneys. Leaders have a tendency to stand ground with a particular viewpoint, unwilling to budge. These same leaders also often have the power to sway others who may not be in total agreement with the leader's views. Any polarizing individuals are usually avoided.

3. Likeability
Individuals have a tendency to be drawn to those who have a similar interest, hobby or profession. If the defendant is a teacher accused of sexual misconduct with a minor, a fellow teacher selected as a juror may have a biased view of the defendant. Jurors with common interests that may present a bias against an attorney's client are usually ruled out.

4. Body Language
It's no secret jury duty is not a preferred pastime among most Americans. A fellow attorney once said, "Walk into a justice center on jury duty day and you'd swear you mistakenly arrived at a funeral." With that in mind, the body language of each potential juror must be carefully monitored for any change upon presented with the case synopsis. Jurors who for one reason or another become interested in the case may suddenly wish to be selected. This can be dangerous for an attorney. Similar to a job interview, a juror may tell each attorney what he or she thinks the attorney wants to hear. This type of interest or anxiety can be due to a bias for or against one side of the case, and attorneys will usually cut these jurors quickly.

The juror screening process involves many questions that may seem simplistic, but clearly are aimed at gaining a broader view of the jurors' beliefs. Each attorney listens and watches closely to determine any roadblock against their prospective clients.

In a perfect world, each juror will be neutral toward the case. However, this is often not the case, and it's the responsibility of each attorney to review potential jurors carefully prior to the commencement of the trial.