You would think that
potential jurors, knowing that their written juror questionnaires will be
scrutinized by the lawyers on both sides and by trial consultants and other
professionals, would respond to written queries the same as they do to oral
voir dire. Not.
Fascinating research
(Flores, 2011) revealed something I long suspected from years of trial
consulting: people feel that what is between themselves and a sheet of paper is
private. Potential jurors are most honest with their true thoughts and feelings
in response to jury questionnaires, to a surprising degree.
Jurors in the study
failed to answer truthfully to 67% of voir dire questions, 33% of attorney
sidebar questions, fully 50% of judge sidebar questions, and even to 20% of
questions asked in chambers.
What does this mean to
you? Simple. Whenever possible, use a jury questionnaire. Jury
questionnaires do not need to be arduous, overwrought documents. Streamlined
and written for maximum effectiveness, juror questionnaires will give you the
most truthful look at how your potential jurors think and feel.
Jury questionnaires can
make all the difference in winning your case.
——-
Flores, D.M. (2011).
Methods of expanded voir dire and written questionnaires: Experimental results
on juror self-disclosure and implications for trial practice. Court Call,
Summer, 2011, pp. 1-6.
