Jurors are sworn to listen to evidence in a case presented to them by the judge. The evidence consists of the testimony of witnesses and exhibits that meet the standards for admission into evidence. The jury must be unbiased and decide the case based on this evidence. Jurors are also sworn to disregard their prejudices and to follow the judge’s instructions in the case. In most cases the jury must reach a unanimous decision.
Jury selection begins by observing the panel as they enter the courtroom and then talking with each prospective juror to get a better feel for their personality, motivations, and level of knowledge and experience. This information helps the attorney and judge prioritize who to talk with first. This allows the attorney to visit with only those who have a realistic chance of serving on the jury.
While observing and questioning the panel, it is important to remember that the jurors are a group that will form their own sub-groups within the jury. These groups will have a social structure and dynamics that impact the overall outcome of the trial. For example, the artsy hippie with the piercings and tattoos could rise to the top of your strike list because she may have leadership potential within the group while the outgoing soccer mom will likely be a calming influence on other strong personalities.
It is helpful to understand that while many people think of themselves as being fair minded and unbiased, most of us have certain biases related to specific cases that we cannot completely overcome. For example, the person who was run over by a teenager may distrust all teenage drivers because of that experience. Using a roundabout approach to asking jurors questions that allow them to acknowledge and discuss these biases can help the attorney show that even she, as an experienced lawyer, sometimes has difficulty being fair on a case.