| Techniques
for Successful Voir Dire |
| • |
Argue your
case later. |
| • |
Share basic
information about the case to give questions a context. |
| • |
The goal
is to create a conversation. |
| • |
Get the
jurors talking in the first three minutes. |
| • |
Attorneys
talk 20 percent of the time. Jurors talk 80 percent of the time. |
| • |
Jurors
are not witnesses: don’t argue with or cross-examine them. |
| • |
Ask open-ended
questions that offer no clues as to the right or wrong answers. |
| • |
Talk to
individuals first, then branch out to the group. |
| • |
Know your
objective for asking the question: indoctrinate, get information,
educate, challenge, etc. |
| • |
Don’t
mix objectives: you won’t get information with an indoctrinating
question. |
| • |
Get to
the point. Keep the questions short and simple. |
| • |
Don’t
use legalese. |
| • |
Remember
group dynamics: treat each juror fairly and equally. |
| • |
Jurors
don’t like to make commitments during voir dire. |
| • |
Generally,
avoid counter-productive words and phrases such as:
"Fair"
"Impartial"
"Strong"
"Substantial"
"Serious"
"Open-minded"
"If the judge instructs you..."
"If the evidence proves..."
"Well, what if you are told..."
"You or anyone in your immediate family"
"Isn’t it true that..."
"If I do X will you do Y" |
