Voir Dire: Strategies For Juror Selection
Introduction: Defendant And Charges
The defendant is a 24-year-old African-American male, Christopher Jackson, who has been charged with first-degree arson for lighting a fire that damaged a homeless shelter. There was no loss of life or injury to anyone present at the time. Mr. Jackson has been formally diagnosed with borderline intellectual functioning and Asperger’s syndrome. However, he has been judged fit to stand trial.
Factors That Determine Suitability Of Jurors
When determining the composition of the jury, the court will most likely dismiss those individuals with backgrounds that strongly colour their opinions one way or the other. The court values impartiality. In some cases, the court may decide to ‘rehabilitate’ venirepersons who agree to actively put aside their biases. (Crocker et al, 2010)
Both sides would be keen to create a group of jurors who can work together in their favour. During voir dire, the counsels interact with potential jurors to uncover their attitudes, biases, values, upbringing, life history, medical history, family situation, beliefs, etc, all of which are highly pertinent. However, forensic psychologists would also look at body language, nervous tics, mannerisms, expressions, eye contact, appearance and a variety of other non-verbal cues. They use this information to gauge how receptive or prejudiced an individual might be.
Qualities That The Prosecution Should Look For
The prosecution should seek jurors with as little in common with the defendant as possible without being overtly biased. This may pertain to economic background, racial background, ethnicity, gender, sexual orientation, age, profession, religious beliefs, and so on. If this is not possible, the prosecution should lean towards candidates who appear receptive, suggestible, and without strong preconceived notions. (Suggs et al, 1978)
For instance, a middle-class individual with a family and young children may perceive a homeless person with borderline intellectual functioning who did not know not to light a fire indoors as a threat to public welfare and safety. This can work in the prosecution’s favour. To give the impression of inclusivity, the prosecution may also prefer a juror who is also African-American but one who is affluent or with strong opinions or has connections to law enforcement so that these factors distance them from the defendant. The defense is also likely to agree on such jurors as a result of perceived empathy stemming from a common racial background; however, the prosecution can use the other factors to their advantage.
Two Ideal Jurors For The Prosecution
