Tools to Keep Jurors Engaged
Tools that can help jurors start out and remain fully engaged in their task are sometimes called jury trial innovations.
Tools that can help jurors start out and remain fully engaged in their task are sometimes called jury trial innovations.
How do you, as the attorney, persuade the jurors in such a way that they persuade each other to decide in your favor? Nearly 50 years ago, researchers at Yale identified the five steps in the persuasion process: attention, comprehension, acceptance, retention, and action. You must have the jurors' attention, they must understand your message, they must accept or agree with it, remember it, and act on it in the desired fashion in deliberations. How do these factors play out on a practical level in preparing an opening?
The key to getting answers that mean something from jurors, on sensitive matters like race, gender, or any other subject for that matter, continues to be the use of open-ended questions. Planning ahead and being prepared are also essential for obtaining the most information possible, given the courtroom conditions.
In commercial cases, when it comes to damages, the hurdles are different.
Opening is not the case. Opening is just the bare bones story – the 101 level of the case.
Recent United States Supreme Court decisions and some state appellate decisions have greatly restricted attorney-conducted voir dire and the scope of the inquiry. However, at the same time the courts have expanded the prohibition on the discriminatory use of peremptory challenges. This article suggests ways in which this line of cases, along with supporting social science research, can be used to justify and expand meaningful voir dire.
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