Did you know that lawyers are allowed to have a say in the selection of a jury for their clients’ trials? Lawyers rely on jury consultants, who are experts in human behavior, to help them select a group of potential candidates and to provide insight into juror behavior. You have probably heard rumors or false information about the jury selection process, but professional jury consultants have addressed some of these rumors below.
Myth #1:
During voir dire, or the selection process, most potential jurors tell the truth.
Truth:
Many people actually come into the selection process with an agenda. They may want to get out of this obligation so they give answers that they hope will disqualify them, or they may actually want to be chosen for the trial so they try to make a good impression. They may feel an invasion of privacy having to answer personal questions in front of crowded room and thus refuse to give honest answers to certain questions. They are not likely to report their biases accurately for two reasons. First, they may not report their biases because it is difficult for people to tell what their own biases are. Second, they don’t want to portray themselves in a negative light in front of others. Potential jurors may neglect to tell the truth for any of these reasons, so this is why lawyers rely on jury consultants.
Myth #2:
No one wants to be chosen to be on the jury.
Truth:
Many people dread being called for their civic duty in court, but others feel a sense of pride in being able to serve the community. Some jurors take the responsibility very seriously and see it as an honor to be chosen for the panel. Some folks look at it as a potential opportunity for themselves: the case could become famous, they could write a book about it, or they could make a name for themselves in media interviews. Sometimes people even lie about themselves or their biases in order to be selected. There are plenty of folks who do try to get out of serving, but many people who tried not to be selected but were chosen anyway actually reported that the experience was more interesting and challenging than they expected and they would be more likely to serve again.
Myth #3:
Allowing lawyers to select an ideal jury with the help of jury consultants creates a bias in the system.
Truth:
Lawyers don’t get to choose the exact panel of jurors; instead, they get to eliminate the people they don’t want on the panel. Then the opposition gets to field potential jurors as well, so lawyers don’t try to create a panel of individuals who will likely support their client. Instead, they try to choose as many neutral people as possible who are less likely to be in opposition of the client. Further, while lawyers can gauge during voir dire how a person might respond to a particular situation, it is impossible to know exactly how he or she will respond once they hear the case.