How do the Prosecution and Defense Attorneys strategize to en sure they get the best juror for their side? 22 Answers as of October 11, 2012

Is this considered jury tampering?

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Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
I would need further information to answer but there would be different types of jurors wanted or not wanted for different types of cases and when selecting a jury each attorney would ask questions to try to find out who they want and who they do not want. Regarding a juror a defense attorney would not want the attorney would first try to see if there was a way to challenge the juror and get him removed for cause and if not the attorney may exercise a peremptory challenge( cause is not needed and you can use one of your peremptory challenges( each attorney has a certain limit of peremptory challenges ) to get the juror excused.
Answer Applies to: New York
Replied: 10/11/2012
Law Office of Brian K. Wanerman
Law Office of Brian K. Wanerman | Brian K. Wanerman
It is not jury tampering. Jury tampering is when a party tries to influence a juror's vote, usually by promising them in return. Attorney's have a right to challenge juror's for cause and a number of peremptory challenges which vary by the type of case. It is improper for an attorney to deliberately use a peremptory challenge to exclude a juror based solely on race, gender or other non-relevant factors.
Answer Applies to: California
Replied: 10/10/2012
Law office of Robert D. Scott | Robert Scott
Each side has a certain number of preemptory strikes and strikes for cause.
Answer Applies to: Maryland
Replied: 10/8/2012
Law Offices of John Carney
Law Offices of John Carney | John Carney
Experienced criminal lawyers and prosecutors know who the want on a jury for a particular case, and that depends on the nature of the case, the defendant, and the city it is in. Defense lawyers want blue collar men, younger males, minorities, people who hate the police, and people who use drugs and alcohol. Prosecutors want older white suburban jurors, conservative people, older women, older men, educated professionals, and police officers and their families. Defense lawyers look for people of the same race or religion as the defendant or minorities who feel oppressed by authority, the police, and the criminal justice system. During jury selection we look for people who will be favorable to out client, out theory of defense, and who will distrust the prosecutors witnesses. Prosecutors will try to eliminate minorities, young men who look like bikers, hippies, stoners, or anti-social people who may have a grudge against the police or the court system or who feel that drugs should be legal. It is only jury tampering if you contact a juror outside of court.
Answer Applies to: New York
Replied: 10/8/2012
Leonard J. Levenson Attorney At Law | Leonard J. Levenson
In any criminal Felony or class A misdemeanor case a defendant is entitled to a jury trial. Both defendant and prosecutor are entitled to a number of peremptory challenges (challenges without giving a reason). The number depends on the seriousness of the offense. They are also entitled to challenge any juror who cannot be fair. These are called "Challenges for cause". Reasons must be given and the judge makes the determination . Before challenges are exercised both sides question the jurors and based on their answers a selection is made. Experience and a knowledge of human nature is the only strategy I know to get a favorable jury. This is not considered jury tampering.
Answer Applies to: New York
Replied: 10/8/2012
    Lacy Fields, Attorney at Law, LLC
    Lacy Fields, Attorney at Law, LLC | Lacy Fields
    Usually the prosecution and the defense want completely opposite things out of jurors. You don't get to select which jurors to keep, but each side gets a certain number of jurors that they can kick off. Each attorney acts alone to determine which jurors to strike (i.e. kick off the panel). Removing jurors from the panel is not jury tampering.
    Answer Applies to: Missouri
    Replied: 10/8/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    By reading the jury questionaire and asking questions of the possible jurors.No, it is not jury tampering.
    Answer Applies to: Michigan
    Replied: 10/8/2012
    Connell-Savela
    Connell-Savela | Jason Savela
    Big question. If done during jury selection then not tampering.
    Answer Applies to: Colorado
    Replied: 10/8/2012
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Ask your attorney.
    Answer Applies to: Michigan
    Replied: 10/8/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Each side gets to ask the jurors questions to see if the person can be a good juror. Each side can have jurors excused that they do not like. It is only the people that are not objectionable to either side that end up as jurors.
    Answer Applies to: Michigan
    Replied: 10/8/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    No it is not jury tampering. Each side is allowed to excuse a certain number of jurors. What this is designed to do is eliminate bias in the jury. They look at the background of the jurors and their answers to questions.
    Answer Applies to: Washington
    Replied: 10/8/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Decisions are always made based on the particular case on what jurors may be more favorable. there is nothing inappropriate about the practice.
    Answer Applies to: Minnesota
    Replied: 10/8/2012
    Attorney at Law | Michael P. Vollandt
    Trial Lawyers are salesmen and good ones know how to find out if there are no land mines laying among the jurors. Some times it is just a gut feeling a lawyer has about a certain juror. In death penalty cases the defense lawyer is well advised to hire a jury consultant which is usually a PHD with psychology to held that lawyer map out juror questionnaires and assess each juror's question that is answered. DA's pray. Those are stratagems, not tampering.
    Answer Applies to: California
    Replied: 10/8/2012
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    Voir dire (to seek the truth) is the jury selection process and no, it is not considered tampering to select certain jurors and not others. Many books have been written about the process and there are experts in jury selection. A venire (large panel of potential jurors) is questioned on their qualifications and jurors are excused for cause, for hardship etc. Each side has a certain number of preemptory challenges to stoke juros for reasons known only to them.
    Answer Applies to: Washington
    Replied: 10/8/2012
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    They do not collaborate; they each have their own science or art to attempting to put those "kindred spirits" to their own position/client on and strike those who might be less supportive of their respective perspective.
    Answer Applies to: Pennsylvania
    Replied: 10/8/2012
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    One proper way is to ask questions before jury selection during voir dire. This is totally proper and court approved.
    Answer Applies to: Georgia
    Replied: 10/8/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    He side has the people they think in mind for a good jury. I have done well over a 100 jury trials and never strategized with a prosecutor.
    Answer Applies to: Nebraska
    Replied: 10/8/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    The prosecutor and defense attorney do not meet to discuss who would constitute the best jurors. The prosecutor picks folks that he believes will convict based on their life experience, and the defense selects folks he thinks will acquit. There is no strategizing together. Jury tampering involves either side trying to influence the jury that has been selected, outside of the courtroom. Watch any movie about juries, and you will see how the process works (e.g. My Cousin Vinnie).
    Answer Applies to: Georgia
    Replied: 10/8/2012
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    The prosecutor and defense do not consult about who the best jurors are. Each side can kick people off for cause if they can show the judge the juror cannot be a fair and impartial juror, or fails to meet some other qualification. Then each side gets to remove a certain number of jurors (for no reason they have to give). These are preemptory challenges and the number of them depends on the type of charges the person is facing.
    Answer Applies to: Colorado
    Replied: 10/8/2012
    Mary W Craig P.C. | Mary W Craig
    Each side when picking a jury looks for people they think will be objective but who will adopt the version of the story they want adopted. For instance, the prosecution usually wants someone friendly to law enforcement, someone who believes rules are to be obeyed, that sort of thing. Defense attorneys want jurors who understand mitigating circumstances, and who don't think a defendant is guilty just because he's charged with a crime. That's legal strategy, not jury tampering. Someone who engages in jury tampering is someone who threatens a juror, or who pays a juror to vote one way or another.
    Answer Applies to: Alabama
    Replied: 10/8/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    No, it is called "voir dire," and that is what lawyers go to law school for.
    Answer Applies to: California
    Replied: 10/8/2012
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