DV Tip of the Week

5 MIN READ

I don't understand. I followed all the rules about picking a jury. It didn't work.

The jury "rules"

It seems like every office has rules or guidelines about who should be on what type of jury.

We are not talking about violating any state, federal, or Constitutional rules about jury selection. This is about what types of jurors are viewed as being more favorable to your case.

I recently watched a video clip from Rusty Hardin, defense attorney. While recounting his days as a prosecutor, he talked about some jury selection rules he was taught (this was a long time ago):

• Don't put women on a jury.
• Don't put minorities on your jury.

After some early struggles he learned that these rules didn't work for him. He found he liked women jurors, especially women jurors from minority backgrounds.

The takeaway was that these rules were not effective for him and he needed to develop his own set of rules.

It's your jury. Your responsibility.

I get tons of questions about jury composition. Should I put women on my jury or should I put men? Do I want blue collar or white collar? What about retired people? Engineer? Teachers?

If your jury hangs 11-1, the question you need to ask is why you picked the juror that hung the case. What can you learn about why or how you misread their attitude toward your case.

The better question is how do you feel about these people on your jury and why do you want them or want to avoid them. It's your jury.

What about the "rules"

Most of these juror rules evolved out of the beliefs of the prosecutors who came before you. They are based on their experiences. I have my own set, but they are largely individual to me and my experience. As a new prosecutor they provide guidance. As you mature, you can adjust them to fit your own experience.

Breaking the rules

There will be times that you decide to deviate from what everyone else says about your jury. This is your decision. It's your case and your responsibility. I do have a tip about what to do when you decide to put someone on your jury that you know your colleagues wouldn't like.

Don't tell anyone about it...until after the verdict.

If you mention it before the verdict you are likely to be questioned by your peers and find yourself second guessing that decision. It will interrupt your focus during triaL. Save it until after trial.

Looking for some help on jury selection? Let's talk.

Email me: gfineman@dvtrainandconsult.com with any questions.

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