Vol. 30, No. 2 #8 (April 2007). Bringing Jurors into the Process Through Voir Dire.

• Author: By James H. Barrett

Wyoming Bar Journal

2007.

Vol. 30, No. 2 #8 (April 2007).

Bringing Jurors into the Process Through Voir Dire

WYOMING LAWYER Vol. 30, No. 2 (April 2007) Bringing Jurors into the Process Through Voir Dire By James H. Barrett

"Jury of my pears? I don't even like pears."

Hooper D. Crowflye, 1987 Experienced trial attorneys recognize that voir dire is unlikely to result in a panel of jurors entirely committed to the client's case. Although most citizens enter the courtroom with bias and preconceived notions of the trial process and their role in that process, the more pragmatic goal is questioning and selection of jurors hopefully resulting in a commitment to fairness, open mindedness and an understanding of their function and role within the trial process. Standard voir dire as ordinarily conducted by counsel and the Court produces superficial results and basic information, but does little to educate jurors with regard to how they should consider what they are about to see and hear and the finality of their decision. Although it would be naïve to believe most people actually want to leave their homes and jobs to be on a jury, most do want to do a good job and arrive at a just decision. Jurors are, like anyone else on this planet, a product of their culture, education, experiences and upbringing. As lawyers and advocates, we can't change a lifetime of experience for the juror, but we can educate them, interest them in the process and, hopefully, agree with them in their decision. At the end of the usual voir dire process we know something about the jurors, but we haven't told them anything about the process in which they are going to participate or the differences between what they will experience in a real-life courtroom and what they have heard about at the neighborhood bar or have seen and heard on radio and television. Jurors can be educated to those differences and to the benefit of the client if done carefully and correctly.

What follows is a very brief outline of a very few of the many neglected but important opportunities to bring jurors to important understandings during voir dire.

It Doesn't Matter What My Verdict Is Because The Scoundrel Can Always Appeal

"If I'd know'd they was going to let me go, I wouldn't have escaped." Hooper D. Crowflye, 1982

Jurors believe if they make a mistake and convict an innocent...