Voir Dire

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Voir Dire

• Wing Nut Extermination
• OR
• Reading the Crystal Ball

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Voir Dire

• Purpose of Voir Dire
• Ethical Consideration Stereotypes
• Time Considerations
• Techniques
• Final Checklist
• Questions

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Purpose of Voir Dire
4
GUILTY
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Purpose of Voir Dire

• Pick Good Jurors
• Exterminate Wing Nuts
• Educate / Indoctrinate Jurors

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Pick Good Jurors

• What is a good juror?
• One who can conceive of this crime
• What is a bad juror
• Easily side tracked
• Noncommittal
• One who might identify with this defendant
• One with undue tolerance for this crime

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Exterminate Wing Nuts

• Cause Challenges
• Peremptory challenges
• Use wing nuts to educate

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Education

• Use Key Legal Principals
• Evaluation of evidence
• Disregarding penalty
• Judging conduct vs. character

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Ethical Consideration / Stereotypes

• Wheeler Challenges
• Race
• Sex
• Other Stereotypes
• Teachers
• Engineers
• People with a stake in an ordered society

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Time Considerations

• How much time do you have to voir dire
• 5 minutes
• One issue crucial issue
• SACA case
• Convict on the testimony of a child if you
  believe them
• 30 Minutes
• Several Issues

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Techniques

• Decide what the central issue is going to be?
• DV case Usually, dealing with sideways victim
• What is the truth?
• Story to police
• Story on the stand
• Brainstorm with colleagues

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Techniques

• Memorize Jurors Names
• More efficient
• Impresses the jury
• Jurors may be more trusting
• Eye Contact with jurors
• Individual Questions vs. Group Questions

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Techniques

• Read Body Language
• Can this juror listen to me?
• Do we perpetually miscommunicate
• Look for the Splitter
• Look for other indicators of attitude
• Appropriate attire
• Pay attention to occupation use to educate

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Techniques

• Additional Eyes
• Investigating Officer
• Someone observing you in trial
• Hypothetical Questions
• People v. Pinholster

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Final Checklist

• Can all 12 jurors conceive of this crime
• Do all 12 jurors have appropriate body language
• Will any of them Identify with the defendant
• Will any of them identify with victim
• Will any of them identify with a witness

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Final Checklist

• Can these 12 people work together
• Avoid too many As
• Has the defense made the mistake of passing based
  on their foolish stereotypes
• If so, lock up the panel
• If I use this next peremptory whats left
• Kick the Knott Heads even if they will vote
  guilty

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Questions