A comprehensive guide to crafting questions that reveal juror biases and help you make informed selection decisions.
The questions you ask during voir dire can mean the difference between a favorable verdict and a devastating loss. Here's how to craft questions that work.
Opening Questions
Start with broad, non-threatening questions to establish rapport: - "What's something you enjoy doing in your free time?" - "Tell us about your family." - "What kind of work do you do?"
Probing for Bias
Move to case-specific inquiries: - "What have you heard about this type of case?" - "Have you or anyone close to you been involved in a similar situation?" - "What are your feelings about [relevant topic]?"
Experience-Based Questions
Past experiences often predict future attitudes: - "Have you served on a jury before? What was that experience like?" - "Have you ever been a victim of [relevant crime/tort]?" - "Has anyone in your family worked in law enforcement/medicine/etc.?"
Testing Commitment
Ensure jurors can follow the law: - "Even if you personally disagree, can you follow the judge's instructions?" - "Can you keep an open mind until you've heard all the evidence?" - "Are you willing to decide this case based solely on what happens in this courtroom?"
Red Flag Responses
Watch for these warning signs: - "I try to be fair, but..." - "I know I shouldn't, but I think..." - "My spouse always says I'm too..."
Follow-Up Techniques
Never accept surface answers. Use probing follow-ups: - "Tell me more about that." - "How did that make you feel?" - "What was that experience like for you?"
