Philadelphia Voir Dire Strategy

Voir dire is a process in which attorneys ask prospective jurors questions about their biases, background, and what knowledge they have about the particular case. The purpose is to identify any possible biases that could prevent a juror from giving evidence fair consideration and reaching a verdict. During voir dire, attorneys can reject possible jurors based on cause, or through a peremptory strike, which does not require that the attorney provides a reason for the rejection. Below are tips to ensure your Philadelphia voir dire strategy is successful.

Approach it as a Conversation

Jurors can easily become intimidated and overwhelmed when attorneys are too aggressive, or even speak to them too professionally. While maintaining professionalism is critical, it is just as important to view questioning as a conversation and not a job interview. Encourage jurors to participate and when they provide answers, listen to them carefully to get the best results.

Encourage Honesty

Again, the whole purpose of voir dire is to select jurors who are honest and fair. Still, everyone possesses some type of bias. Acknowledge this to jurors and stress that honesty and candor are of the utmost importance. Ask them to remain honest about their biases and do not make them feel inferior for them.

Get Prospective Jurors Talking

During a successful voir dire, the prospective jurors should talk more than the attorneys. At the beginning of the process, ask the initial background questions that will help you understand the background, social status, and more about the jurors. Then ask potential jurors to raise their hands if they agree or disagree with certain statements. This can break the ice with prospective jurors and get them to open up and talk.

Move Into Open-Ended Questions

After the potential jurors are comfortable, you can then start asking open-ended questions, such as why they feel a certain way or what their views are on a certain subject. Open-ended questions will help you obtain much more information than strictly yes-no questions.

Avoid Questions Directly About Bias

Jurors want to appear as though their beliefs are aligned with socially acceptable practices and opinions. As such, it is important to avoid questions that directly point towards a bias. Prospective jurors may not be honest in an effort to make themselves look good.

Ask ‘Reflective’ Questions

Reflective questions are those that ask jurors to consider how their decisions might be affected by certain factors. Reflective questions are much more likely to reveal uncovered biases than straightforward questions about whether a certain factor would influence their decision. This is an example of asking open-ended questions rather than direct questions that only require a ‘yes’ or ‘no’ answer.

Call to Learn More About Voir Dire Strategy in Philadelphia

There are many ways to ensure that voir dire is successful. At MGM Trial Services, Inc., our Philadelphia voir dire strategy consultants can help you prepare for the process, and for the rest of the trial so you can focus on the law and your client. Call us today at 410-303-7800 or contact us online to speak to one of our specialists and to learn more about how we can help.