Non Political: Lawyer question on jury selection
Having recently experienced the Jury Duty process, it occurred to me that if I were a large law firm, I would hire a Data Analytics person to profile multiple definable characteristics and correlate them with views on various types of crimes.
It would have to be regionally done as there certainly would be differences in different parts of the country, but this really isn't that mathematically different of a task than what they are now doing in the polling industry.
Such an endeavor could help in voire dire. Both plaintiff lawyers and prosecutors could at least make better use their peremptory challenges of witnesses by adding this information to their own experience when making a decision on a jurist. The information could be a very useful adjunct. It could also be helpful for law schools.
Is this already done?
Replies to: Non Political: Lawyer question on jury selection
That's been going on for a long time and it has evolved to be even more sophisticated with tech.
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There are jury expert companies that farm their services out. They do this type of analysis.
We have civil trials that have risk of 8-9 figures, so we can easily justify jury pool analyses.
In big cases (with resources), lawyers deep dive prospective jurors.
Tougher in criminal cases because of lack of resources and time to vet jurors.
In my jurisdiction, there is no voir dire, — with lawyers speaking with jurors. Hence, experience and instincts drive a lawyer’s judgment in jury selection.
Basic data is helpful, but so is body language. What kind of jurors I seek depends upon which “audience” is best suited to be sympathetic to client and the defense.
I was born with exquisite street smarts and ability to read people. So, I don’t need a fookin jury consultant.
Do you pitch the bitch, or are you strictly no women on juries unless it's a rape case?
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In other words, you look at things like skin color, sex, etc.? Clothing style?
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Indeed Ned. But one must study the subtle clues of humanity to be effective.
If you presume a 53 year old black female is going to be sympathetic to a 22 year old black defendant because he is black, think again.
He's should take my idea back and make himself look smart at work. :)
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In your jurisdiction this would seem an especially helpful adjunct with no ability to question, &
it could be done once for your area every couple of years and sponsored by, say, your state bar association. It doesn't have to be done with every case, and it wouldn't replace private detectives in big cases and other deep dives, etc..
On the whole, it would be relatively to very inexpensive for a region...say The Bronx to do this once every couple of years.
You can't read everyone correctly, and when you weren't sure, you and the prosecutor would have somethin better than chance to fall back upon.