Voir Dire & Jury Selection Archive

  • "The law is reason, free from passion." Aristotle's declaration continues to guide the philosophy of our legal system, and it is expected a jury will weigh all evidence equally and without bias before rendering a verdict. However, emotions are intertwined with any human enterprise, particularly decision-making (Forgas, 1995; Kuvaas & […]

    Emotions in the courtroom: “Need for affect” in juror decision-making

    by Desirée Adams and Emily Patty "The law is reason, free from passion." Aristotle's declaration continues to guide the philosophy of our legal system, and it is expected a jury will weigh all evidence equally and without bias before rendering a verdict. However, emotions are intertwined with any human enterprise, particularly decision-making (Forgas, 1995; Kuvaas & […]

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  • Is your race-neutral explanation enough to survive a Batson challenge? In February, the Supreme Court handed down its decision in the case of Thaler v. Haynes, the latest in a string of cases originating with Batson v. Kentucky in 1986. In Batson, the Court outlawed the use of race-based peremptory […]

    The Shrinking Strike Zone: Avoiding Problems During Jury Selection in the Age of Batson

    by Sean Overland, Ph.D. Is your race-neutral explanation enough to survive a Batson challenge? In February, the Supreme Court handed down its decision in the case of Thaler v. Haynes, the latest in a string of cases originating with Batson v. Kentucky in 1986. In Batson, the Court outlawed the use of race-based peremptory […]

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  • "If 'Guess Who's Coming to Dinner' was remade today, the 'shocking' guest would no longer be a highly accomplished, educated and sophisticated black man (Sidney Poitier) but a highly accomplished, educated and sophisticated atheist."1 "The prisons are probably filled with people who don't have any kind of a spiritual or […]

    Panic Over the Unknown: America Hates Atheists

    by Douglas L. Keene, Ph.D. and Rita R. Handrich, Ph.D. "If 'Guess Who's Coming to Dinner' was remade today, the 'shocking' guest would no longer be a highly accomplished, educated and sophisticated black man (Sidney Poitier) but a highly accomplished, educated and sophisticated atheist."1 "The prisons are probably filled with people who don't have any kind of a spiritual or […]

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  •   "It's the same thing going on with America these days. It's big business. They just don't care…It felt like they thought they were bigger than the law."       – Juror in i4i v. Microsoft patent case – IP Law and Business   The Knights of Columbus was […]

    Enron to Broadcom: Defending Companies in Court After a Decade of Corporate Scandals

    by Richard Gabriel   "It's the same thing going on with America these days. It's big business. They just don't care…It felt like they thought they were bigger than the law."       – Juror in i4i v. Microsoft patent case – IP Law and Business   The Knights of Columbus was […]

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  • When a lawyer screws up jury selection, there is little hope for the rest of the trial. After watching many inauspicious jury selection efforts by prosecutors and criminal defense lawyers, I realized that I might be able to contribute to the state of practitioners' jury selection art by codifying a […]

    16 Simple Rules for Better Jury Selection

    by Mark Bennett, J.D. When a lawyer screws up jury selection, there is little hope for the rest of the trial. After watching many inauspicious jury selection efforts by prosecutors and criminal defense lawyers, I realized that I might be able to contribute to the state of practitioners' jury selection art by codifying a […]

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  • "There is an online quitting-Facebook-for-Lent support group. But how is it possible to communicate support on Facebook without breaking your vow? Serving on a jury is one of those instances when the cell phone and the laptop are best left at home1." Trials have been being disrupted due to the […]

    Online and Wired for Justice: Why Jurors Turn to the Internet (the “Google mistrial”)

    by Douglas L. Keene, Ph.D. and Rita R. Handrich, Ph.D. "There is an online quitting-Facebook-for-Lent support group. But how is it possible to communicate support on Facebook without breaking your vow? Serving on a jury is one of those instances when the cell phone and the laptop are best left at home1." Trials have been being disrupted due to the […]

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  • Introduction The mental status of the defendant has long been an issue of interest for legal professionals. Most states have some kind of insanity plea (i.e., Not Guilty by Reason of Insanity [NGRI]). States vary on which guidelines they use to formulate their legislation (most commonly the M'Naghten rule or […]

    Guilty but Mentally Ill (GBMI) vs. Not Guilty by Reason of Insanity (NGRI): An Annotated Bibliography

    by Jennifer Kutys and Jennifer Esterman Introduction The mental status of the defendant has long been an issue of interest for legal professionals. Most states have some kind of insanity plea (i.e., Not Guilty by Reason of Insanity [NGRI]). States vary on which guidelines they use to formulate their legislation (most commonly the M'Naghten rule or […]

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  • How jurors choose their presiding juror.

    Identifying Leaders

    by Barbara Rich Bushell, Ph.D. How jurors choose their presiding juror.

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  • The current financial crisis has infiltrated American life in a way unmatched by other events in recent history.  We are clearly at a turning point in many ways, and just how this decline will ultimately influence Americans is yet to be fully understood.  On a more specific level, the ways […]

    Jurors’ Perceptions in the Economic Decline

    by Tara Trask and Linda Petersen The current financial crisis has infiltrated American life in a way unmatched by other events in recent history.  We are clearly at a turning point in many ways, and just how this decline will ultimately influence Americans is yet to be fully understood.  On a more specific level, the ways […]

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  • Sonia Sotomayor’s nomination to the US Supreme Court in May 2009 unleashed a storm of controversy based on her remarks on her own judicial decision-making:  “I would hope that a wise Latina woman, with the richness of her experiences, would more often than not reach a better conclusion than a […]

    Book Review: The Juror Factor: Race and Gender in America’s Civil Courts

    by Rita R. Handrich, Ph.D. Sonia Sotomayor’s nomination to the US Supreme Court in May 2009 unleashed a storm of controversy based on her remarks on her own judicial decision-making:  “I would hope that a wise Latina woman, with the richness of her experiences, would more often than not reach a better conclusion than a […]

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