Jury selection: a storyteller's approach
| Author | Jonathan Dichter/Bruce Kapsack |
| Pages | 189-204 |
JURY SELECTION:
STORYTELLER’S APPROACH
2A-1
CHAPTER 2A
JURY SELECTION:
A STORYTELLER’S APPROACH
A Note about the Two Jury Selection Chapters in this Book
Every attorney has a strategy and frame of mind from which to draw tactics. What works for some may not work for
others and the best way to find your style is to learn and watch as many different styles as you can manage. You’ll
find different ways to conceptualize every part of a trial. Many attorneys see voir dire as their first chance to identify
and eliminate bad jurors for their case. I think of this as the “elimination” model—and there is value in it. In fact, many
people think of it as jury “de-selection”. You are getting rid of the people you don’t want. This is especially useful in
jurisdictions where your entire panel may be predisposed against your client (knowing your jurisdiction is crucial).
As a storyteller, I have found great success with a different model of jury selection. One I think of as collaborative
jury selection: a way to find the jurors who are on your side and perhaps even inspire more jurors to be on your side,
right from the start. In this way you can begin to lay the foundation you need in order to have a jury who is open to
hearing you tell your client’s story—starting in jury selection. This method of jury selection has been so effective and
well received that in two recent jury trials (both of which resulted in ‘not guilty’ verdicts for my clients) two separate
judges indicated that in a collective 40+ years in practice, they’d never seen a voir dire as effective as this one. It
was the best they’d ever seen.
This is not to say there is no value in the elimination model. On the contrary, there is great value in studying the
tactics used by different trial lawyers to find what rings true for you. In fact, I’m quite sure that much of the material
presented here includes questions, tactics and strategies I’ve gathered, adapted, and straight-up stolen from other
attorneys over the years and cobbled together with my own style to create “my” approach. You need to create your
approach. As such, Ch. 2 Jury Selection: the De-selection Approach by the previous author is retained in this edition
as a supplement to this updated “Storyteller’s Approach”.
Jonathan Dichter
I. INTRODUCTION
§2A:01 The Power of Voir Dire
§2A:02 Voir Dire Goals: State vs. Defense
§2A:03 The State Starts Out Wrong
II. HOW TO OUT PERFORM THE STATE DURING VOIR DIRE
§2A:10 Know the State’s Mistakes
§2A:11 Make an Impact and Be Memorable
§2A:12 Make Voir Dire a Mini Closing
§2A:13 Enlist Your Client’s Help
JURY SELECTION:
STORYTELLER’S APPROACH
Innovative DUI Trial Tools 2A-2
§2A:14 Listen to Your Gut
§2A:15 Tell a Story
III. HOW TO COLLABORATE WITH YOUR JURY PANEL: THE NUTS AND BOLTS
§2A:20 Ask for More Time
§2A:21 Get Jurors to Internalize the Presumption of Innocence
§2A:22 Get Every Juror to Agree to Be Unfair and Partial
§2A:23 Get Jurors to Internalize Proof Beyond a Reasonable Doubt
§2A:24 Get Jurors to Understand the Meaning of Beyond a Reasonable Doubt
§2A:25 Get Jurors to Like You and Reveal Their Biases
§2A:26 Get Jurors to Understand Why the Defendant Is Not Testifying
§2A:27 Get Jurors to Describe (Your Client’s) Good Driving
§2A:28 Get Jurors to Doubt Breath/Blood Testing Accuracy
§2A:29 Get Jurors to Reveal Themselves with Two Final “Fun” Questions
IV. A NON-EXHAUSTIVE OUTLINE OF POSSIBLE VOIR DIRE TOPICS
§2A:40 Using This Outline
§2A:41 DUI Voir Dire Outline
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