1. Jury selection
Jury Voir Dire

2. Voir Dire Examination
The purpose of void dire is to “obtain a fair and impartial jury, whose minds are free of all interest, bias, or prejudice.” Pope v. State, 94 So. 865, 869 (Fla. 1922)

3. The voir dire examination
Lawyers for the parties, under the supervision of the trial judge conduct what is called the voir dire examination of the jurors.
Voir dire means: “to speak truly.”
The jurors are placed under oath and asked:
“ Do you solemnly swear or affirm that you will answer truthfully all questions put to you as prospective jurors?”

4. What do lawyers look for in a juror?
Lawyers are looking for jurors that they hope will look at their case with a favorable view
Lawyers are trying to exclude jurors they believe will not look favorably on their case
Lawyers are looking for jurors who will have an open mind and not be influenced by prejudice or a mind set that cannot be overcome by the facts and evidence
Lawyers are looking for jurors that they hope will ultimately find for their client on the claim submitted

5. Voir dire examination is a right of a party
“The parties have the right to examine jurors orally on their voir dire. The order in which the parties may examine each juror shall be determined by the court. The court may ask such questions of the jurors as it deems necessary, but the right of the parties to conduct a reasonable examination of each juror orally shall be preserved.”
In practice the counsel for the plaintiff (claimant) goes first followed by counsel for the defendant.

6. Different Voir Dire procedures in State and US (Federal) Courts
In State Court trials the lawyers conduct the voir dire examination under the supervision of the judge.

7. What does the court tell the jury about voir dire?

10. What types of questions are permitted during voir dire?
Knowledge of the case
Relationship with any party
Relationship with attorneys, witnesses
Prior litigation experience
Prior jury experience
Relationship with other jurors
Relationship to insurance companies
Any specialized experience in medicine, law or accident investigation
Any physical or other impairments which might prevent full attention to the case

11. Other permitted voir dire questions
Views on jury verdicts they have read about
Ability to rule against injured party if fault of other party is not proved
Able to set aside sympathy
Areas of prejudice
Attitude towards corporations
Willingness to follow the law as given from the Court
Belief in the jury system
Anything which might make it difficult to be a juror in the case

12. Improper voir dire questions
Hypothetical questions concerning how a juror would rule in a given case.
Any questions that is an attempt to obtain the opinion of the juror concerning the issues in the case that will be tried.

13. Let’s pick a jury!

14. How are jurors selected after voir dire
The jurors names are randomly picked by the judge as the proposed jurors to try the case. There are many different procedures for this.
The parties have the right to accept the jurors or to challenge a juror either for cause, (a reason that presumes the juror cannot be fair) or to exercise what is known as a peremptory (arbitrary) challenge-for which no reason need be given unless the challenged appears to be unconstitutionally biased.
If a juror is challenged and excused another name is drawn and the process continues until six jurors and two alternate jurors are accepted to serve in the case.
Role of alternate jurors.

15. Grounds to challenge a juror for cause
A relationship to the parties or the attorneys
Employed by a party within 30 days prior to the trial
Bias or prejudice admitted by the juror during the voir dire examination

16. Tequniques
Jury selection is the first chance jurors have to listen to and observe counsel.
Three purposes of voir dire are
(1)to gain information about prospective jurors’ attitudes, experiences,values and philosophies vis-à-vis case issues and problems
(2)establish rapport
(3)educate jurors about case issues

17. Twelve steps to successful voir dire
1.case analysis

18. II. Prepare voir dire questions
A. design pretrial juror questionnaire if so desired
B. design group questions
C.individual questions
D.design questions which explore attitudes toward case problems and weaknesses.

19. III. Identify ideal juror profile
A. experience
B. attitudes
C. politics
D. occupation
E. personality type and characteristics

20. At trial IV. RE-introduce self and client: introduction
Explain procedure: voir dire,
Explain meaning and necessity of VD
Apologize for probing or personal questions
Stress honesty and candor
Put jurors at ease regarding nervousness about speaking in Public

21. V. stand, don’t sit
Do not hide behind obstacles such as counsel table or lecturn.
Be open and available
VI. Do not read voir dire questions.
Do not take notes

22. VII. Use open-ended individual questions rather than leading questions to elicit information
VIII. Have a purpose for every question.
Do not ask stupid questions
Do not lecture or talk down to jurors
Do no waste jurors’ time

23. Ix. Remain converstaional and friendly throughout
Do not use jargon
X. be courteous, sincere and well mannered

24. XI. Listen to answers
XII.stay in touch with the flow and feelings of prospective jurors as the day and the trial unfolds
Be sensitive to the juror moods and needs.
Notice if they are bored, angry ,tired, irritable, etc
Stay in synch with them at all times.

25. Personal/Employment Information
1. Where do you work?
a. What do you do there?
b. Do you like your job?
(1) If not, why?
2. Where does your spouse/significant other work?
a. Does he/she like his/her job?
3. Do any of you, your family or close friends work in the
automobile industry or a related industry?
a. If so, please tell us about your/their work.
4. Do any of you, your family or close friends work for Ford
Motor Company, Jorgenson Ford and/or Ford Motor Credit Company?
5. Do you, or any of your family or close friends hold or own
any stock in Ford Motor Company?