How To Effectively Pick a Jury

Transcription

1 How To Effectively Pick a Jury Thomas J. Cullen, Jr. Goodell, DeVries, Leech and Dann, LLP National Lead Litigation Conference November 2-3, 2017 Orlando, FL 1

2 SPEAKERS Thomas J. Cullen, Jr. Partner, Goodell DeVries Judge John J. Ark Monroe County Supreme Court, New York 2

3 Voir Dire An Impossible Objective? The object here is to obtain a jury who will : fairly and impartially try the issues in this case ; based only on the evidence presented in this courtroom ; without being influenced by any other factors. 3

4 Jury Selection Understand the Rules and Procedures How Jurors Are Called How Are Strikes Applied Can you Back Strike? Local Rules and Customs Use of Alternate Jurors How Many Parties Involved Can You Collaborate? 4

5 Jury Selection Importance of First Impression Prepare Accordingly Assess Your Likely Juror Profile Develop Your Positive Juror Profile 5

6 Jury Selection Understand How Voir Dire Conducted Role of Judge Role of Counsel Develop Strategic Approach to Gathering and Evaluating Juror Data 6

7 The Quest For An Unbiased Jury The Ideal Juror: Zero Bias or Outside Influence The Realistic Goal: Juror Who Will Accept Information Favorable to Your Client How to Achieve Your Objective Fair Jurors View the Process as One of Deselection Not Selection You Want The Negative Information 7

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9 Goals of Voir Dire Empanel Jury With an Open Mind to Your Legal Position Establish Credibility of Counsel and Client Emphasize Importance of Process and Jurors Contribution 9

10 Basics of Voir Dire First Impression Establish Relationship Describe Process Display Respect For Court, Process and Opposing Party Determine What You Need to Know About Pool General Case Specific Focus on Deselection Not Selection 10

11 Peremptory Strikes 11

12 Develop Strategy for Use of Peremptory Challenges Determine Relevant Factors Education Employment Marital Status Race Generation (Silent, X, Millennial, Gen X) Assess Qualities that Determine Positive Juror From Your Perspective Voir Dire is a Deselection Tool Not a Selection Tool 12

13 Limitations of Broad Categorizations 13

14 Develop Strategy For Challenges For Cause and Hardship Understand Court and Judge Principled Approach Consistent Application Judicial Perspective on Both Issues Judge Ark Preserve Your Record 14

15 Understand the Current Juror How Have Jurors Changed Over the Last Decade? 15

16 Generally speaking, would you say that most people can be trusted? 16

17 Implications of Change In Typical Jurors High/Unrealistic Safety and Disclosure Expectations All Jurors are Experts with Access to a Wealth of Information Youth and Inexperience No Impediment to Leadership Role and Opinion Sharing Plaintiff s Lawyers Have a Ripe Audience 17

18 Know Your Audience Millennials Approximately 35+% of Jurors More Educated Jurors Sense of Entitlement Inpatient Learners Like to Multi-Task Confident in Their Own Knowledge and Willing to Challenge Authority 18

19 Know Your Audience Less Likely to be Married Always Connected and Seeking Information Highly Educated and Under Employed Politically and Socially Liberal Skeptical of Authority, Science and Law More Likely to Believe in Conspiracies 19

20 Implications For Communicating With New Jurors Embrace Technology No Such Thing as Too Much No Such Thing as Too Slick Recognize Limited Attention Span TV Drama Effect Slow Build is Dangerous Opening Shot 20

21 Implications For Communicating With New Jurors Embrace Current Jurors Help Jurors Feel Important Help Jurors Get It Right Emphasize Importance of Their Contributions 21

22 Voir Dire in Baltimore City Approved Voir Dire from a trial in the Circuit Court for Baltimore City Copies Available with Presentation Materials 22

23 Introducing The Facts The Jury s First Impression of The Case The plaintiff claims to have suffered lead poisoning while he resided at and visited 1901 Boone Street in Baltimore City, which he believes was owned and managed by the Defendants. 23

24 The Questions Property Ownership/Management Have you or any member of your immediate family or close personal friends ever owned residential or commercial property? If so, please stand. Have you or any member of your immediate family or close personal friends ever managed or maintained rental housing? In other words, have you ever been a landlord? If so, please stand. How Do You Access This Data? 24

25 The Questions Property Ownership/Management Have you or any member of your immediate family or close personal friends ever been employed by a landlord of rental housing? If so, please stand. Have you or any member of your immediate family or close personal friends ever been a member of a property owner s association or organization? If so, please stand. How Do You Access This Data? 25

26 The Questions Housing Inspector/Investigation Have you or any member of your immediate family or close personal friends ever been employed as a housing inspector? If so, please stand. Several Other Questions Regarding Background in Investigative Roles 26

27 The Questions Negative Experiences With Landlords Have you or any member of your immediate family or close personal friends ever been harmed by what you (or they) thought was a negligent action of a landlord? If so, please stand. 27

28 The Questions Blood Lead Levels Have you or any member of your immediate family or close personal friends ever been diagnosed with elevated blood lead levels or, to your knowledge, have otherwise ingested or been exposed to lead-based paint? If so, please stand. 28

29 The Questions Brain Injury Does any member of the jury panel believe that lead poisoning cannot cause brain injury in a child? If so, please stand. 29

30 The Questions Sympathy Do you have any opinions, sympathies or preconceived notions regarding children who have been exposed to lead-based paint? For example, in this case the Plaintiff claims he suffered lead poisoning as a child. If any member of the jury panel feels they would be so sympathetic to the Plaintiff that you would award them money even after determining that the Defendants were not at fault, please stand. 30

31 The Questions Pro-Plaintiff & Pro-Landlord Has any member of the jury panel have any bias or prejudice, either in favor of or against, tenants of rented property or landlords who rent property that would prevent you from fairly and impartially deciding this case? If so, please stand. 31

32 Model Question Advertisements Has any member of the jury panel ever received any letters or other documents, or viewed any bulletins or advertisements, suggesting that you or your family may have been exposed to lead-based paint? 32

33 Evaluating Potential Jurors Information Gained From Jury Pool Responses What A Juror s Background Reveals 33