Voir Dire

The youngest generation of jurors constitutes an increasing percentage of today’s jury pools. Generation Y, born between 1980 and 2000, now makes up 20 percent of the U.S. population and likely an even higher percentage of today’s jurors. Given the growing presence of this youngest generation in the jury box, attorneys should be aware of the differing expectations of these jurors. This article provides a broad general overview of this generation, so that you may begin to have a better understanding of this generation to help you develop and modify your trial strategies accordingly. Of course, the discussion below includes only generalizations about a large segment of the population. It is always important to keep in mind that each juror’s life experiences, bias, and personality will likely have more impact on his/her verdict than their generation alone.

So there I am, sitting at my desk having a perfectly enjoyable afternoon of responding to discovery requests when I get a call from my good friend Thom Gilligan asking if I will write something for his professionalism and ethics committee. "Sure," I say, "but what could your committee members possibly want to see that they do not already know, noting they are already the cream of the ethical and professional crop?"

Cases can be won and lost on voir dire. Success in jury selection relies on an attorney's interpersonal skills, mainly an attorney's ability to stand in front of a group of strangers and convince them that he or she is to be trusted.

While jurors are influenced by external factors such as knowledge of the case. More important are the internal factors, including their own past experiences and psychology. Internal factors are not only highly influential, but are also immeasurable, as the jurors themselves typically cannot explain their influence nor are they even aware of those influences. As a result, these internal factors are all too often overlooked.

By the time opening statements begin, the individuals in the jury box have already had days or perhaps weeks to start forming opinions about your client, its product, and you as trial counsel. Jury voir dire is truly where trial begins. Too many trial attorneys mistakenly assume that prospective jurors only start paying attention to the case during opening statements. By that point, however, many jurors have already developed impressions that will affect their evaluation of the case. Because jury voir dire is the only time an attorney will directly talk with jurors, trial counsel must make the most of it, especially in product liability cases where jury members are often asked to evaluate products they encounter in their daily lives. With advance preparation and some strategic questions, trial counsel can use voir dire to effectively manage jurors’ knowledge of a company and the product at issue and use the examination to present case themes to the entire prospective jury panel.