The voir dire and jury selection process is one of the most challenging
aspects of a jury trial. It is at this time that lawyers must identify
and remove potential jurors who harbor some bias or hold beliefs that
would make them less beneficial than others. Success in jury selection
requires lawyers to draw upon a number of basic skills. These skills
include the ability to:
- Operate effectively within the jury selection system in the trial
jurisdiction
- Attain the major goals of voir dire (i.e., gathering info, rapport,
education, and persuasion)
- Identify critical opinions, biases, and experiences of jurors that can
influence their decisions
- Encourage jurors to reveal important information about themselves
- Utilize the information about their opinions and feelings that
potential jurors communicate through their nonverbal behavior
- Develop and ask the questions on voir dire necessary to uncover
desired information
- Employ methods for handling common situations and problems (e.g.,
reluctant jurors, difficult jurors, stealth jurors, negative spirals,
and pretrial publicity) that arise during voir dire
- Capitalize on the information available through the use of juror
questionnaires
- Effectively utilize information available on jurors through Internet
sources and minimize potential threats to jury trials posed by the
Internet
] Operate effectively in courts-martial member selections
] Exercise peremptory challenges and challenges for cause in a manner
that removes the least desirable potential jurors
The goal of this book is to promote the skills needed to be successful
in the area of voir dire and jury selection. It is through the
sharpening of these skills that lawyers take a major step in improving
the chances of a favorable verdict at trial.
Mastering Voir Dire and Jury Selection: Gain an Edge in Questioning and
Selecting Your Jury goes beyond other books on jury selection in its
focus on the skills needed to conduct effective voir dire and jury
selection. Having a list of questions to ask is only a starting point.
Conducting effective voir dire and jury selection requires developing
strategies that secure the necessary information and adapt to the unique
circumstances that lawyers face in their trial jurisdictions. Effective
jury selection does not result from memorizing questions from a book. It
is a dynamic process that places a premium on knowing what is needed and
how to get it.
Praise for Mastering Voir Dire and Jury Selection
"Jury selection is the most important and often the least known trial
lawyer skill. Mastering Voir Dire is by far the most complete and
effective jury selection guide available. ... It has simple, short
examples from real trials tied to hard-core research and common sense. I
have tried many cases, but what I used to know has changed in this
digital world. Thanks for Mastering Voir Dire."
--Morris Dees, Founder and Chief Trial Attorney, Southern Poverty Law
Center
"The much anticipated Fourth Edition of Mastering Voir Dire and Jury
Selection confirms Dr. Jeffrey Frederick as America's foremost jury
expert. With this thoroughly updated and lucidly written work, Frederick
moves the needle in demonstrating how practicing lawyers can identify
open-minded jurors and craft winning case narratives. A must-read book
for the trial bar if ever there was one."
--John Monahan, Shannon Distinguished Professor of Law and Psychology,
University of Virginia School of Law
