Idaho Trial Lawyers AssociationIdaho Trial Lawyers AssociationMarch 3, 2006March 3, 2006

Voir Dire Tips Voir Dire Tips

(Part un)(Part un)

Voir Dire Tips Voir Dire Tips

(Part un)(Part un)

The Art of Jury SelectionThe Art of Jury SelectionThe Art of Jury SelectionThe Art of Jury Selection

Lisa Blue Ph.D., J.D.Lisa Blue Ph.D., J.D.

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VOIRVOIR DIREDIRE TIPS TIPS

-PRIMACY AND RECENCY-PRIMACY AND RECENCY

START WITH A START WITH A POWERPOWER STATEMENTSTATEMENT

- PRIMACY AND RECENCY START WITH POWER STATEMENT

-WHAT IS THE THEME, THEORY OR TRILOGY

FOR OUR CASE

VOIRVOIR DIREDIRE TIPS TIPS

VOIRVOIR DIREDIRE TIPS TIPS

-PRIMACY AND RECENCY START WITH A POWER -PRIMACY AND RECENCY START WITH A POWER STATEMENTSTATEMENT

-WHAT IS THE THEME, THEORY OR TRILOGY FOR -WHAT IS THE THEME, THEORY OR TRILOGY FOR YOUR CASEYOUR CASE

-ADDRESS VOIR DIRE -ADDRESS VOIR DIRE

TIME LIMITATIONSTIME LIMITATIONS

VOIRVOIR DIREDIRE TIPS TIPS

-PRIMACY AND RECENCY START WITH A POWER STATEMENT

-WHAT IS THE THEME, THEORY OR TRILOGY FOR YOUR CASE

-ADDRESS VOIR DIRE TIME LIMITATIONS

-ENCOURAGE THE JUDGE TO SET THE TONE

All in the messengerAll in the messenger

““I once heard a great Judge I once heard a great Judge say….”say….”

VOIRVOIR DIREDIRE TIPS TIPS

-PRIMACY AND RECENCY – START WITH POWERSTATEMENT -WHAT IS THE THEME, THEORY OR TRILOGY FOR YOUR CASE -ADDRESS VOIR DIRE TIME LIMITATIONS -ENCOURAGE THE JUDGE TO SET THE TONE

--VOIRVOIR DIREDIRE IS THERAPY, IS THERAPY,

NOT CROSS NOT CROSS EXAMINATIONEXAMINATION

My Favorite Voir Dire Phrases:My Favorite Voir Dire Phrases:

The difference between you and me…. Tell me what’s in your heart of hearts… My fear is…. If there is a real reason you can’t be here or you don’t want to be

here….

Identify Belief SystemsIdentify Belief Systems

If you lose this case why are you going to lose?If you lose this case why are you going to lose?

Turn weaknesses into Voir Dire QuestionsTurn weaknesses into Voir Dire Questions

Example:Example:

Take the defendants defenses and make Take the defendants defenses and make analogies analogies

Example:Example:

Who is Gary Burghoff

Example:Example:

What face is shown on the dime

Example:Example:

Lynching

VOIRVOIR DIREDIRE TIPS TIPS

--PRIMACY AND RECENCY – START WITH A POWER STATEMENT PRIMACY AND RECENCY – START WITH A POWER STATEMENT

-WHAT IS THE THEME, THEORY OR TRILOGY FOR YOUR CASE -WHAT IS THE THEME, THEORY OR TRILOGY FOR YOUR CASE

-ADDRESS VOIR DIRE TIME LIMITATIONS-ADDRESS VOIR DIRE TIME LIMITATIONS - ENCOURAGE THE JUDGE TO SET THE TONE- ENCOURAGE THE JUDGE TO SET THE TONE --VOIRVOIR DIREDIRE IS THERAPY, NOT CROSS-EXAMINATION IS THERAPY, NOT CROSS-EXAMINATION

-THREE TYPES OF QUESTIONS: -THREE TYPES OF QUESTIONS: OPEN-ENDED OPEN-ENDED

CLOSED-ENDED CLOSED-ENDED SCALEDSCALED

My Favorite Voir Dire My Favorite Voir Dire Questions:Questions:

What should the law be?(remember it’s all about Belief Systems)

My Favorite Voir Dire My Favorite Voir Dire Questions:Questions:

If you were me would you want someone just like yourself on this jury?

My Favorite Voir Dire My Favorite Voir Dire Questions:Questions:

If you were hurt by negligence of any kind would you sue?

VOIRVOIR DIREDIRE TIPS TIPS--PRIMACY AND RECENCY – START WITH A POWER PRIMACY AND RECENCY – START WITH A POWER

STATEMENT STATEMENT -WHAT IS THE THEME, THEORY OR TRILOGY FOR YOUR -WHAT IS THE THEME, THEORY OR TRILOGY FOR YOUR

CASE CASE -ADDRESS VOIR DIRE TIME LIMITATIONS-ADDRESS VOIR DIRE TIME LIMITATIONS-ENCOURAGE THE JUDGE TO SET THE TONE-ENCOURAGE THE JUDGE TO SET THE TONE- - VOIRVOIR DIREDIRE IS THERAPY, NOT CROSS-EXAMINATION IS THERAPY, NOT CROSS-EXAMINATION-THREE TYPES OF QUESTIONS: -THREE TYPES OF QUESTIONS: OPEN-ENDED OPEN-ENDED CLOSED-ENDED CLOSED-ENDED SCALED SCALED

--USE JURY QUESTIONAIRES USE JURY QUESTIONAIRES SHORT VS. LONGSHORT VS. LONG

ScaledScaled QuestionQuestion ExampleExample::

Prescription drug companies do an adequate job of Prescription drug companies do an adequate job of warning the public about the risks of using their warning the public about the risks of using their medicines.medicines.

__Strongly Agree __Somewhat Agree __Strongly Agree __Somewhat Agree __Somewhat Disagree __Strongly Disagree__Somewhat Disagree __Strongly Disagree

Belief Question Belief Question Example:Example:

Do you believe a prescription drug should be Do you believe a prescription drug should be proven 100% safe before sold to the public?proven 100% safe before sold to the public?

Please explain:_____________________________Please explain:_____________________________

Adjective Question Adjective Question Example:Example:Which of the following would you use to describe yourself? Which of the following would you use to describe yourself?

((Check all that applyCheck all that apply))□ □ AnalyticalAnalytical □ Generous □ Generous □ Outspoken □ Outspoken □ Sloppy □ Sloppy

□ □ StrictStrict □ Rational □ Rational □ Rule Oriented □ Rule Oriented □ Attractive □ Attractive

□ □ Judgmental □ Practical □ Smart Judgmental □ Practical □ Smart □ Technical □ Technical

□ □ Reasonable □ Naïve □ Compassionate □ Logical Reasonable □ Naïve □ Compassionate □ Logical

□ □ Private □ Successful □ Trusting □ SuspiciousPrivate □ Successful □ Trusting □ Suspicious

□ □ Talkative □ Emotional □ Pretty □ Self-consciousTalkative □ Emotional □ Pretty □ Self-conscious

□ □ Selfish □ Vain □ Friendly □ QuietSelfish □ Vain □ Friendly □ Quiet

□ □ Overweight □ Opinionated □ Skeptical □ SensitiveOverweight □ Opinionated □ Skeptical □ Sensitive

□ □ ControllingControlling □ □ OtherOther __________________________ __________________________

VOIRVOIR DIREDIRE TIPS TIPS

--PRIMACY AND RECENCY – START WITH A POWER STATEMENT PRIMACY AND RECENCY – START WITH A POWER STATEMENT

-WHAT IS THE THEME, THEORY OR TRILOGY FOR YOUR CASE-WHAT IS THE THEME, THEORY OR TRILOGY FOR YOUR CASE -ADDRESS VOIR DIRE TIME LIMITATIONS -ADDRESS VOIR DIRE TIME LIMITATIONS

-ENCOURAGE THE JUDGE TO SET THE TONE-ENCOURAGE THE JUDGE TO SET THE TONE - - VOIRVOIR DIREDIRE IS THERAPY, NOT CROSS-EXAMINATION IS THERAPY, NOT CROSS-EXAMINATION -THREE TYPES OF QUESTIONS – OPEN, CLOSED AND SCALED-THREE TYPES OF QUESTIONS – OPEN, CLOSED AND SCALED -USE JURY QUESTIONNAIRES SHORT VS. LONG-USE JURY QUESTIONNAIRES SHORT VS. LONG

LISTENING IS AN ACTIVE SKILLLISTENING IS AN ACTIVE SKILL

JUST ASK YOUR SPOUSEJUST ASK YOUR SPOUSE.

VOIRVOIR DIREDIRE TIPS TIPS

--PRIMACY AND RECENCY – START WITH A POWERPRIMACY AND RECENCY – START WITH A POWER STATEMENT STATEMENT -WHAT IS THE THEME, THEORY OR TRILOGY FOR YOUR -WHAT IS THE THEME, THEORY OR TRILOGY FOR YOUR

CASECASE-ADDRESS VOIR DIRE TIME LIMITATIONS-ADDRESS VOIR DIRE TIME LIMITATIONS-ENCOURAGE THE JUDGE TO SET THE TONE-ENCOURAGE THE JUDGE TO SET THE TONE-VOIR-VOIR DIREDIRE IS THERAPY, NOT CROSS-EXAMINATION IS THERAPY, NOT CROSS-EXAMINATION-THREE TYPES OF QUESTIONS OPEN, CLOSED AND SCALED-THREE TYPES OF QUESTIONS OPEN, CLOSED AND SCALED-USE JURY QUESTIONNAIRES SHORT VS. LONG-USE JURY QUESTIONNAIRES SHORT VS. LONG-LISTENING IS AN ACTIVE SKILL JUST ASK YOUR SPOUSE-LISTENING IS AN ACTIVE SKILL JUST ASK YOUR SPOUSE

-RAISING AND LOWERING -RAISING AND LOWERING JURORJUROR

EXPECTATIONSEXPECTATIONS

VOIRVOIR DIREDIRE TIPS TIPS

-PRIMACY AND RECENCY – START WITH A POWER STATEMENT -PRIMACY AND RECENCY – START WITH A POWER STATEMENT -WHAT IS THE THEME, THEORY OR TRILOGY FOR YOUR CASE-WHAT IS THE THEME, THEORY OR TRILOGY FOR YOUR CASE-ADDRESS VOIR DIRE TIME LIMITATIONS -ADDRESS VOIR DIRE TIME LIMITATIONS -ENCOURAGE THE JUDGE TO SET THE TONE-ENCOURAGE THE JUDGE TO SET THE TONE-VOIR-VOIR DIREDIRE IS THERAPY, NOT CROSS-EXAMINATION IS THERAPY, NOT CROSS-EXAMINATION-THREE TYPES OF QUESTIONS – OPEN, CLOSED AND SCALED-THREE TYPES OF QUESTIONS – OPEN, CLOSED AND SCALED-USE JURYQUESTIONNAIRES SHORT VS. LONG-USE JURYQUESTIONNAIRES SHORT VS. LONG-LISTENING IS AN ACTIVE SKILL JUST ASK YOUR SPOUSE -LISTENING IS AN ACTIVE SKILL JUST ASK YOUR SPOUSE -RAISING AND LOWERING JUROR EXPECTATIONS-RAISING AND LOWERING JUROR EXPECTATIONS

-LOOPING ANSWERS FROM JURORS -LOOPING ANSWERS FROM JURORS ISIS

POWERFULPOWERFUL

VOIRVOIR DIREDIRE TIPS TIPS

-PRIMACY AND RECENCY – START WITH A POWER STATEMENT -PRIMACY AND RECENCY – START WITH A POWER STATEMENT

-WHAT IS THE THEME, THEORY OR TRILOGYFOR YOUR CASE-WHAT IS THE THEME, THEORY OR TRILOGYFOR YOUR CASE-ADDRESS VOIR DIRE TIME LIMITATIONS -ADDRESS VOIR DIRE TIME LIMITATIONS

-ENCOURAGE THE JUDGE TO SET THE TONE-ENCOURAGE THE JUDGE TO SET THE TONE-VOIR-VOIR DIREDIRE IS THERAPY, NOT CROSS-EXAMINATION IS THERAPY, NOT CROSS-EXAMINATION-THREE TYPES OF QUESTIONS – OPEN, CLOSED AND SCALE-THREE TYPES OF QUESTIONS – OPEN, CLOSED AND SCALE-USE JURY QUESTIONNAIRES SHORT VS. LONG-USE JURY QUESTIONNAIRES SHORT VS. LONG-LISTENING IS AN ACTIVE SKILL JUST ASK YOUR SPOUSE-LISTENING IS AN ACTIVE SKILL JUST ASK YOUR SPOUSE-RAISING AND LOWERING JUROR EXPECTATION-RAISING AND LOWERING JUROR EXPECTATION-LOOPING ANSWERS FROM JURORS IS POWERFUL-LOOPING ANSWERS FROM JURORS IS POWERFUL

-FIRST ASK ELIMINATION -FIRST ASK ELIMINATION QUESTIONS, THEN EDUCATION QUESTIONS, THEN EDUCATION QUESTIONS!!!!!!!! QUESTIONS!!!!!!!!

Voir Dire

SIMPLE CASE

Who is this case about?

John Doe

vs.

Wal-Mart

What is Voir Dire?

1. Who will be on the jury?

2. YOU do the talking.

Jurors who talk, walk.Jurors with nothing to say, stay.

Bias & Prejudice

• Bias–Inclination

towards one side of an issue versus the other

–“Leaning”

• Prejudice–Prejudgment

Your Thoughts:

Thoughts about Corporations doing research or Chemicals by people are exposed

1.Good idea?

2.Why? What should Corporations do?

3.What Can Happen if they don’t do research?

4.What if its just to get results for a lawsuit – help win their case.

(Hide)

Greater Weight and Degree of the Credible Evidence

(51%)

Burden of Proof

50% 50%

Greater Weight of the Credible Evidence

Burden of Proof

51%49%

Greater Weight of the Credible Evidence

Burden of Proof

Negligence

Failure to Use Ordinary Care

51%

Can’t Sue Employer

Premise Liability

51%

Employer

-Defendants weren’t an Employee

-Defendant can’t be Sued

Employer & Defendant

= Say

Defendant NOT Responsible (Hide)

Proximate Cause:a cause which produces

an event and without which cause such event would not have occurred.

THERE MAY BE MORE THAN ONE PROXIMATE

CAUSE

Producing Cause:an efficient, exciting or

contributing cause that, in a natural sequence, produced the injury.

THERE MAY BE MORE THAN ONE PRODUCING

CAUSE

There may be more than

one cause.

There may be more than

one cause.

There may be more than

one cause.

There may be more than

one cause.

There may be more than

one cause.

There may be more than

one cause.

There may be more than

one cause.

There may be more than

one cause.

If you or a loved one were harmed by

someone’s negligence, would you file a lawsuit?

Your opinions about lawsuits.

-Length of the Case

- Lawsuit Abuse

- Too Many Lawsuits

Compensation

Mental Anguish

Pain & Suffering

Burden of Proof: 51% -- More Likely Than Not

$15 to $20 Million

Punitive DamagesPunish & Deter

Clear & Convincing Evidence

Premise Owners have Duty to Know of Dangers in their Plants

A Premise Owner Has A Duty To Maintain Safe Working Conditions For All People Entering Their Plant

- Strongly Agree

- Agree

- Disagree

- Strongly Disagree

‘People’ Should Quit Their Job If They Think It Might Not Be Safe

- Strongly Agree

- Agree

- Disagree

- Strongly Disagree

Before You Decide Someone Was Exposed To A Dangerous

Chemical Would You Require Documents

YES:__________

NO:___________

Which View Do You Lean More Toward:

A: A Corporation should prove their chemical is safe before they put the chemical in the air.

B: A Corporation can put their chemical in the air until someone (besides the corporation says its not safe)

A Premise Owner Has A Duty To Make Sure Everyone on Their Premises DOES NOT Get Hurt

1.Strongly Agree

2. Strongly Disagree

OSHA

If standards but no violation of standard - who could not find

the company responsible?

It Is The Personal Responsibility Of The Worker (and not the companies

duty) To FIND OUT What Hazards Are In The Work Place

- Strongly Agree

- Agree

- Disagree

- Strongly Disagree

Yeah Buts………..!!!

- Not enough Exposure

- OSHA – Research Question

- Worked in their Plant

- “Safety Man” [Not For Entire Time of Exposure to Benzene]

(Hide)

Yeah Buts………..!!!

- Sympathy

- Read Articles about the dangers of Benzene

- Corporation put profit before people

- If you serve on this case, if you award a verdict against SHELL & PHILLIPS do you think that could effect

you personally?

- How many folks don’t want to be here?

- Hate Corporations – (use people & throw them away)

- Length of Case

(You Haven’t Heard Evidence)

(Hide)

Promise Most Important Case You’ll Ever Sit On:

WHY?

1. Power to change, effect & influence a man’s life

2. Power to influence how ‘Big Business’ operates

3. Power to have a say in what is acceptable Corporation conduct & what is not

(No other entity has this power)

(Hide)

Lisa Blue, Ph.D., J.D.

Baron & Budd, P.C.

(214) 521-3605

Lblue@baronbudd.com