Strategies for Selecting an Effective Jury for Defending a Sexual Assault Case
Selecting the right jury is vital in any legal case, but it becomes crucial in defending a sexual assault case. With the stakes high and biases potentially influencing jurors' decisions, a defense attorney must employ a strategic jury selection process. This article will outline key considerations and approaches for picking the right jury to defend a sexual assault case successfully. If you are charged with a sexual assault case, make sure you consult with an experienced criminal defense attorney.
“Never forget, in the end, you want jurors who won’t convict. That’s it.”
Focus on Removing Jurors Who Want to Conviction:
Rather than solely getting to know jurors, defense attorneys in sexual assault cases should prioritize identifying and eliminating jurors who may be predisposed to convict. This involves understanding common biases and preconceptions that could influence their judgment. Ask the kinds of questions that will ferret out those who are pre-wired to convict. Some really are. Asking the right questions during the voir dire process, defense attorneys can minimize the risk of obtaining biased jurors. This can certainly be the case with the Me Too movement, allegations of sexual assault, date rape, child molestation, sex trafficking and more.
Confront Jurors' Inherent Biases:
Jurors in sexual assault cases may possess certain biases that could directly impact their perception of the defendant. It is crucial for defense attorneys to confront these biases head-on during jury selection. Don’t dance around it. Don’t ask if they have a problem with something. Ask about their concerns with that thing. By asking targeted questions, a defense attorney can identify and challenge biased views related to the case. This approach allows for a fair and impartial jury selection process.
Find the Bad Ones and Live with the Rest:
In cases involving sexual assault allegations, defense attorneys must aim to remove jurors with strong biases to convict. By seeking challenges for cause, attorneys can articulate valid reasons for disqualifying such jurors, ensuring a more balanced and unbiased jury composition. We can remove an unlimited number for cause. When you sniff something out, dig for the root of it.
“Every case should have a theme but echoes of it may certainly appear in some of the questions potential jurors hear during jury selection.”
Condition the Jurors for the Testimony:
Defense attorneys should aim to condition the chosen jurors for the testimonies they will hear and the emotions they may experience. This is particularly important in sexual assault cases where sensitive and potentially distressing evidence may be presented. By engaging in a pretrial briefing session and addressing potential emotional reactions, defense attorneys can better prepare jurors to evaluate the evidence in an unbiased manner. There are some questions that will help a jury understand what is coming such as, “Do you think a parent can influence their kids in ways they aren’t even aware?”
Conclusion:
Picking the right jury for a sexual assault case is not about winning over jury members or using generic techniques. Instead, it involves a strategic approach to identifying and removing potentially biased jurors, confronting inherent biases head-on, and conditioning the chosen jurors for the testimonies and emotions they may encounter during the trial. By employing these strategies, defense attorneys can increase the chances of selecting an impartial jury capable of delivering a fair and objective verdict in a sexual assault case.
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 most serious criminal defense charges. 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, make sure Jack Rice Defense is by your side.
Jack is a nationally recognized and award winning criminal defense lawyer, awarded Minnesota Super Lawyer for 2023, Among the Best Lawyers of 2022, winner of the Minnesota Attorney of the Year Award for 2021 and founder of Jack Rice Defense. He was awarded the Professional Excellence Award from the MSBA for 2020, and is an MSBA Board Certified Criminal Law Specialist. He is also a former Prosecutor and a former U.S. Central Intelligence Agency Officer. This St. Paul Criminal Defense Lawyer has decades of experience successfully representing thousands of clients facing everything from Sex Crimes, Child Pornography, Domestic Assault to DWI to Murder to other serious criminal charges.
jack@jackricelaw.com
(651) 447-7650