Jury
The jury is the backbone of our system of justice. It is our most important and effective check on power. It is the only mechanism we have to guarantee that every case will be judged on its own merits, not whether we like the person who runs the court or the defendant’s last name.
Two forces extended the jury beyond England: the expansion of the British Empire to Asia, Africa and the American continent; and the French Revolution, Napoleon, and its aftermath brought it to much of the rest of Europe. Today, over 90 percent of trials in the United States are decided by jury.
Getting the right people on the jury is difficult enough. Attorneys have a limited number of “peremptory challenges,” which allow them to excuse a potential juror without giving any reason. Attorneys also use a form of “for cause” challenge, which requires a more detailed explanation of why they believe the prospective juror should not serve on their case.
One of the most important things to remember in voir dire is that it is not a lecture, but a discussion. Ask open-ended questions that encourage thoughtful responses, and make sure to involve the jurors. It is much more helpful to have them tell you the law, than to simply read it from a piece of paper.
Be aware of the fact that many of the people you will be questioning are already busy. They have non-refundable plans and other obligations that they are balancing with the weeks or months of time required to serve on a jury. If the case has received significant press coverage or attention, these commitments may be even greater.