Thursday, April 25, 2019

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.


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Jury Selection - Voir Dire

The Voir Dire Process 
By William H. Wilhoit
A well prepared voir dire allows the attorney to focus on having a conversation with the jurors and appreciating their nonverbal behavior. When entering the courtroom, the attorney or paralegal should be watching the jury panel interact with each other. Who is sitting by whom?  Who seems to be friends? Are more than one of these friends sitting on the panel? If they are together, they are likely to vote together. Make sure that they are “good” jurors. Block voting can help or hurt.
Are they reading any books? If so, what kind of book? Murder mystery readers are naturally going to be looking at some miniscule piece of evidence to hang their hat on in their decision. If they are reading a romantic novel, then they tend to be more emotional in their thinking.
Whether one is first or last in voir dire, be prepared to start talking with the jury immediately. Do not fumble around for papers or move the podium, but stand up and start a conversation. Get their attention first. This is their first impression of you speaking, and you should give them your full attention. Make them feel important. Some attorneys may talk really brief about the tradition of jury trials and how important their service is to our society. If the jurors’ first impression is that you are giving them your undivided attention and that they are important, then that would be considered a good first impression. After the first impression is laid, then you can move a podium or look through your papers to continue.

https://www.americanbar.org/newsletter/publications/law_trends_news_practice_area_e_newsletter_home/voirdireprocess.html

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