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Category: Jury

THE CHALLENGE OF JURY SELECTION

THE CHALLENGE OF JURY SELECTION

The subject of jury selection is particularly relevant now because of discussions in Washington state about eliminating preemptory excuses of jurors and because many lawyers generally find it to be a difficult art to master. The discussions in this state about elimination stem from our State Supreme Court who ask whether preemptory excuses should be simply eliminated. The argument for doing so is based primarily upon whether there is discrimination against minorities in the process of jury selection through this…

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DISCOVERING THE STEALTH JURORS IN YOUR CASES

DISCOVERING THE STEALTH JURORS IN YOUR CASES

As trial lawyers we know the potential for a “stealth” juror on our panels. By that, we mean a person who has a secret agenda, an axe to grind which they conceal in order to get on the jury. See for example Molly McDonough’s article in the ABA Journal Law News entitled “Rogue  Jurors” http://www.abajournal.com/magazine/article/rogue_jurors/ in which she cites actual trials where such jurors were discovered. Well known plaintiff lawyers Gregory Cusimano and David Wenner have written an article entitled…

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FOCUS GROUP STUDIES

FOCUS GROUP STUDIES

NOTE: My wife and I leave for Botswana Africa this week and I will not be posting anything for several weeks. Thanks  for checking back later —————————————————————————————- We all know the value  of focus studies. The problem is  there are so many ways  of  conducting focus studies that they can lead  to incorrect conclusions. My own view is that mock trial studies, that is presenting a mini trial with plaintiff and defense evidence  and argument is fraught  with the danger…

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