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One of the challenges of trying criminal cases is that jurors will lie to get on a jury as well as lying to get off (as is most typical in civil cases). Some jurors bring strong beliefs about the need to punish criminal behavior to the courtroom and will not be truthful in voir dire. Others bring their own experiences with violent crime that predispose them to convict the accused rather than make a mistake and put a murderer back on the street. Many jurors are predisposed to believe the police and prosecutor, and believe that if a person has made to a criminal trial, the person is likely to be guilty. As the O.J. Simpson trial revealed, however, predispositions to believe the police and prosecutor vary depending on people’s personal and community experiences with the police. Jurors are also given a heavy burden in a murder trial, as their decision affects the fate of a person’s life, and not all in the jury pool may be emotionally prepared to participate fully in such a decision. Virtually all jurors, however, bring strong attitudes about the causes and cures for crime in our society into the courtroom.
For all these reasons, jury selection is key in a murder trial. However good your case presentation, a juror whose ears are closed will not be swayed.
Community surveys are a good way to assess a community’s current attitudes towards crime, punishment, and the police. They can also determine how much knowledge and media exposure jurors have had to the case at hand, which can contribute to a change of venue demand, and gather data to develop a strike profile for jury selection. A mock trial can help assess juror reactions to key case witnesses and the defendant(s) as well as test case themes and arguments and develop a juror strike profile.
Properly preparing witnesses is also a key to a successful trial outcome, whichever side you represent. Police officers are often psychologically highly defended and can benefit greatly from work with a trained psychologist to learn how to communicate more effectively with a jury. Criminal defendants begin at a disadvantage simply because they have been arrested and accused and need to be prepared to put forward a clear and compelling story for jurors.
Our consultants have worked on many high profile murder cases, including the DuPont murder in Delaware and the O.J. Simpson case.
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