Debunking the myths

• Author: Carolyn S. Koch
• Pages: 17-34

DEBUNKING THE

MYTHS

1-1

CHAPTER 1

DEBUNKING THE MYTHS

I. GOVERNING PRINCIPLES

§1:01 There is No “Ideal” Juror

§1:02 Jury Selection’s True Goal: Identify and Eliminate the Most Harmful Jurors

§1:03 Know Your Case

§1:04 Put Aside Conventional Wisdom

§1:05 Simple Questions, Simple Goals

[§1:06 – 1:09 Reserved]

II. AVOID THE (FIVE) BIGGEST MISTAKES

A. Mistake #1: Confusing Indoctrination with Voir Dire

1. What is Indoctrination?

§1:10 Are You Asking a Question or Giving an Instruction?

§1:11 Do You Ask Indoctrinating Questions?

§1:12 Are You Making It Too Hard for Jurors to Admit Biases that Hurt You?

§1:13 What Is Your Goal in Asking a Particular Question?

§1:14 Is Your Goal Achieved by an Indoctrinating Question?

2. A Better Approach

§1:15 How to Recover from the Plague of Indoctrination

§1:16 List the Biases that Will Hurt You

§1:17 Imagine Jurors Talking About Those Biases

§1:18 Practice your Reaction to Hearing those Biases

[§1:19 Reserved]

B. Mistake #2: Selling Jurors on Your Theme and/or Pre-Testing Your Case

§1:20 What Does It Mean to “Sell” or “Pre-Test” Your Case?

§1:21 A Better Approach

C. Mistake #3: Relying on Stereotypes and/or “ideal” Jurors as a Strategy

§1:22 Questions Based on Stereotypes Lead to Faulty Conclusions

§1:23 A Better Approach

D. Mistake #4: Failing to Prepare

§1:24 “Showing Up” for Voir Dire is Not “Preparing” for Voir Dire

§1:25 A Better Approach

§1.25.1 Don’t Overlook Social Media Research

E. Mistake #5: Failing to Advocate Properly

§1:26 Fear Inhibits Advocacy

§1:27 A Better Approach

DEBUNKING THE

MYTHS

(Τηισ παγε ιντεντιοναλλψ λεφτ βλανκ.)