How Do You Pick the Right Juror While Defending a Rape Charge?
In any criminal trial, picking the right jury can have a massive impact on the outcome of the case. Of course, every case is different and should reflect the realities of that case. However, when defending a client in a rape or other sexual assault related trial in Minnesota, the importance of selecting the right jurors is even more critical. As a criminal defense firm that spends much of its time handling rape, sexual assault, sex trafficking and child pornography cases, we at Jack Rice Defense understand the critical role that jurors play in shaping the ultimate verdict. In this article, we will explore the qualities and characteristics of the ideal juror we are looking for when defending rape, sexual assault and other related charges.
“Jurors are the arbiters of the facts. They determine what evidence means. You get the wrong ones and it can be very hard to get them to see the world the way you want them to see it.”
What are some of the qualities and characteristics we seek in a juror?
When judges are trying to seat a jury, they are seeking people who are fair and impartial. Prosecutors are frequently seeking a jury that will convict. While both are true, from a defense perspective, there is much more to it. The qualities we seek in a juror are far more complex. The qualities we a Jack Rice Defense are seeking include:
Open-Mindedness: While impartiality is important and necessary, we also look for jurors who are receptive to alternative perspectives. In a rape trial, where emotions often run extraordinarily high, finding jurors who can weigh the evidence presented and not simply accept one theory as the alternative of evidence is really important. It is also about a commitment to true fairness. Jurors who possess these qualities frequently make more reasoned and thoughtful decisions.
Critical Thinking Skills: Just because the Government tells you something doesn’t make it so. Some think defense attorneys are all about smoke and mirrors. This is not the case. In rape trials in particularly, what we are looking for a jurors who can look beyond the emotion and the emotional appeals or blindly doing what the Government tells you to do. We are looking for people with strong who can distinguishing between facts and emotional appeals. Sometimes, it is about seeing through a well rehearsed story and hearing thin evidence the is just repeated over and over to realize the Government’s case for what it is. Jurors with strong critical thinking abilities have the skill to look at a case for what it is and note limitations and see the holes in the forest, not just a few trees.
Empathy: Rape and other sexual assault cases frequently are about nuance. They are not always bright and clear. It is important that jurors can understand what it is like to be charged with such a horrible allegation and how difficult it is to defend when you are labeled this before you can even defend yourself.
Lack of Bias: Obviously, it’s important to have people who don’t walk into the room with a preconceived bias or even personal experience that could unduly influence their judgment. Uncovering this bias and educating jurors on fighting it is also important.
Burden of Proof: Criminal trials are not a horse race. These are not about who tells the best story or who has a little more information or evidence. This is about burden of proof, standard of proof and recognizing the presumption of innocence. All of these matter and finding jurors with a high understanding of these three can make a difference, especially in rape and criminal sexual conduct and other related cases.
Independence: We seek jurors who can be independent and not swayed by the pressure of others when making their decisions. This doesn’t mean they don’t listen but in the end, can they stand their ground. This is critical to a fair verdict.
“A “good enough” story from the Government that loosely fits the evidence doesn’t cut it and an ideal juror for the defense will understand this. They aren’t afraid to hold the Government to account when they fail to prove their case.”
If you are facing sex crime charges like rape, sex trafficking, prostitution, child pornography or other charges, these are some of the hardest charges in the criminal justice system. If you end up at trial, making sure you have the right jury can make all of the difference. Make sure you consult with an experienced criminal defense firm like Jack Rice Defense to make sure the right people are deciding your fate.
Jack Rice is a nationally known criminal defense attorney, a Board Certified Criminal Law Specialist, a former prosecutor and a former CIA Officer. He founded Jack Rice Defense before the turn of the century to represent clients facing those difficult charges in the criminal justice system. Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339. When your life is on the line, Jack Rice Defense.