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What A Defense Attorney Is Looking For During Jury Selection

2/28/2025

 
A large component of a client's defense for any criminal trial involves working to ensure the jury who will be hearing the evidence, and making a decision about the guilt or innocence of the defendant, is as fair as possible. During jury selection, a criminal defense attorney is primarily focused on selecting jurors who are impartial, fair-minded, and potentially sympathetic to their client's case. This process, crucial for shaping the outcome of a trial, involves several key objectives and considerations.

Firstly, the attorney seeks jurors who demonstrate a willingness to carefully consider the evidence presented in court rather than making snap judgments. This involves questioning potential jurors about their ability to set aside any biases or preconceived notions they may have about the case, the charges, the defendant, or the legal system itself.
Secondly, the defense attorney looks for jurors who have had experiences or backgrounds that may make them more receptive to the defense's arguments. For example, if the case involves a complex legal issue or a specific cultural context, the attorney may seek jurors who have relevant expertise or life experiences that could influence their perspective favorably towards the defense.

Moreover, the attorney aims to identify jurors who are independent thinkers and are less likely to be swayed by public opinion, media coverage, or the opinions of fellow jurors. This independence is crucial in ensuring that each juror contributes to a thoughtful and unbiased deliberation process.

The attorney assesses jurors' demeanor, body language, and responses to questions to gauge their overall demeanor and potential biases. Non-verbal cues such as facial expressions, eye contact, and gestures can provide valuable insights into a juror's attitudes and feelings, which may not be fully captured by their verbal responses alone.
Furthermore, the attorney considers the composition of the jury as a whole, aiming to select a diverse group that represents a cross-section of the community where the trial is taking place. Diversity in terms of age, gender, race, ethnicity, socioeconomic background, and profession can enrich the jury's deliberations and potentially provide different perspectives that benefit the defense.

Lastly, the defense attorney strategically uses peremptory challenges and challenges for cause to exclude jurors who may be biased against their client or who demonstrate an inability to be fair and impartial. Peremptory challenges allow attorneys to dismiss a limited number of jurors without stating a reason, whereas challenges for cause require demonstrating a specific bias or legal disqualification.
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In summary, jury selection is a critical stage in a criminal trial where the defense attorney carefully evaluates potential jurors to identify those who are most likely to approach the case with an open mind, consider the evidence objectively, and potentially sympathize with the defense's position. By selecting a fair and impartial jury, the defense attorney seeks to ensure a fair trial and maximize the chances of a favorable outcome for their client.

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  • Home
  • Profile
  • Practice Areas
    • DUI
    • Assault Crimes
    • Theft Crimes
    • Domestic Violence
    • Drug Crimes
    • Sex Crimes
    • Homicide
    • CA DMV Medical Reevaluation Hearings
    • Civil Harrassment Restraining Orders >
      • Restraining Order-related >
        • Other Types of Protective Orders
        • If You Are Served With A Protective Order
        • Resources for Victims of Domestic Violence
  • Contact
  • Results
  • Other information
    • Devina's Blog
    • Cal. Fish and Game Updates
    • Commonly-Requested Documents >
      • Local Ordinances
    • Reference Links
  • Disclaimer