Voir Dire

Question 1

How should you present (carry yourself) during voir dire?

Answer 1

Kind, polite, curious, empathetic, strategic.

Question 2

When we want to know how someone values a given concept, we will learn more from their ___ than their ____.

Answer 2

Experiences; beliefs.

Question 3

List three points on the spectrum of experience, using the example of pain and suffering.

Answer 3

Personal experience with pain; experience caring for someone with pain; experience with the unsuccessful treatment of pain.

Question 4

When we want to learn how someone values a given concept, ____ questions are usually better than ____ questions.

Answer 4

Indirect; direct.

Question 5

What are 4 problems with direct questions?

Answer 5

• sometimes jurors don’t state their actual beliefs
• sometimes jurors change their minds
• sometimes jurors succumb to pressure during deliberation
• makes YOUR ideal jurors easily stirkeable

Question 6

What is an advantage of indirect questions?

Answer 6

• keeps YOUR ideal jurors hidden from the other side

Question 7

What are two things you can ask indirect questions about?

Answer 7

Personal experiences and beliefs

Question 8

What are the three parts of the “Triune Brain?”

Answer 8

1. Lizard Brain
2. Mammal Brain
3. Human Brain

Question 9

Describe the Lizard Brain.

Answer 9

Automatic regulatory functions

Question 10

Describe the Mammal Brain.

Answer 10

Emotional processing

Question 11

Describe the Human Brain

Answer 11

Cognition, memory, sensory processing

Question 12

Describe the two ways in which the different parts of the Triune Brain can influence each other (use an example).

Answer 12

Top-down: 3 can tell 2 to feel a certain way; 2 tells 1 to make you react in your gut.

Bottom-up: 1 is cold; 1 tells 2 to gauge emotion; 3 judges a person as being cold.

Question 13

Name 2 cognitive biases that we should keep in mind when communicating with the jury.

Answer 13

Availability bias and affect heuristic.

Question 14

Describe the availability bias.

Answer 14

Unusual events attract disproportionate attention. They are consequently perceived as less unusual than they really are.

Our perception is distorted by the prevalence and emotional intensity of the messages we receive.

Question 15

Describe the affect heuristic.

Answer 15

People make judgments by consulting their emotions. How much they like or hate something at first blush will affect how they make decisions about it.

Question 16

What is the biggest difference in voir dire between state and federal?

Answer 16

State: lawyers do most of the work.

Federal: judges do most of the work.

Question 17

What rules (4) differ between jurisdictions?

Answer 17

1. When you get your list
2. Info included on the questionnaire
3. Race and economics
4. In-person or virtual

Question 18

What are the 4 purposes of voir dire, in order of importance?

Answer 18

1. Learning - 70%
2. Connection - 15%
3. Persuasion - 10%
4. Education - 5%

Question 19

What are Gonzalez’s 2 additional tips?

Answer 19

1. Before a juror speaks, have them say their last name for the record.
2. Don’t cut jurors off. If they take an extended pause, thank them sincerely and move on.

Question 20

How does the Strike Zone work?

Answer 20

• The first 12 jurors are strikeable.
• If there are no-shows, the strike zone expands to the first 12 present jurors.
• If there are strikes for cause, the strike zone expands to the first 12 present jurors who have not been struck for cause.
• You have 3 peremptory strikes you can now use, and so does the other side. Unless…

Question 21

What are the 3 schools of thought re: voir dire?

Answer 21

1. Traditional model
2. Integrity model
3. Selection model

Question 22

What is the traditional model?

Answer 22

Use voir dire to sell the jury your story.

Question 23

What is the integrity model?

Answer 23

Use voir dire to sell the jury YOU.

Question 24

What is the selection model?

Answer 24

Use voir dire to determine strikes.

Question 25

What are the 4 goals for the selection model, in order?

Answer 25

1. Flush out leaders against you
2. Hide leaders for you
3. Flush out followers against you
4. Hide followers for you

Question 26

You must follow a ___.

Answer 26

Script.

Question 27

Be ____.

Answer 27

Precise.

Question 28

Share your ____ with the jury.

Answer 28

Fears. Model vulnerability. Get permission from the panel to exclude a juror.

Question 29

You go ___.

Answer 29

First. Share a story or opinion to get them to share.

Question 30

It is better to cover ___ topics ____ than ___ topics ___ ___ ___.

Answer 30

3, thoroughly; 20, in a rush

Question 31

Find ___ experiences.

Answer 31

Monumental.

Question 32

Be ___ when someone exposes vulnerability; be ___ when they simply answer a question.

Answer 32

appreciative; professional