Reversing roles with the juror
I've never sat on a jury, although I wish I could. I imagine most lawyers would love the opportunity to be part of a jury, but the reality is that most jurors are not selected anyway - they are just there to provide a large enough pool for the attorneys to draw from, and the odds of a criminal defense attorney or plaintiff's attorney being selected are slim to none.
A criminal defense and plaintiff's lawyer who I know was selected to sit as a juror on a civil case this week, and the following are his observations (reprinted anonymously with permission):
1. Never put a lawyer in the jury box, although it was helpful for the other jurors for me to explain why we kept getting kicked out of the court room when an arguing attorney would have “a matter of law to discuss.” I would love to hear some more experienced opinions on this.2. Based on what our jury panel kept complaining about, I will make sure to tell my juries that I will be to the point and efficient, while thorough, as it is my client’s day in court but realizing that there is no need for “fluff.” All we were thinking about in the jury room was when we were getting out of what feels like prison, aka: the jury room and courtroom. I was thinking about whether I would make my tee time Friday and how many witnesses the Defense had because I didn’t know.
3. In an effort to keep my jurors awake (by 2 pm yesterday I began day dreaming about food because I was hungry) I will raise my voice periodically like the minister at my church does when he knows he is losing the crowd. Plus I will likely inject humor, when appropriate, because my jury panel was bored. And visual aids make evidence more interesting.
I try to take a few minutes and sit in the jury box, even sit in different chairs in the jury box, whenever I get the chance before or during trial. I sit for a few minutes, and try to imagine what it feels like, to be sitting there in the role of juror - bored or fascinated, hungry or just ate a good breakfast, annoyed or proud, anxious or at ease, intimidated or connected. What will this juror's impressions of myself, my client, and opposing counsel be, before opening statement? After opening statement? At the close of the state's case?
In preparing for trial, it is critical to reverse roles with all of the players - client, witnesses, prosecutor, and judge. It's at least as important to understand and to reverse roles with the people that will be deciding my client's fate - whether my message is received and accepted depends on it. We often talk about jurors as if they are a special breed of person with similar characteristics - but they are people, nothing more and nothing less. They come from all walks of life, with different backgrounds, life experience, and frameworks through which they view the world.
Possibly the typical juror/person has no idea what justice is or should be, or what to do with the information they are being given as the trial progresses. They are looking to someone - the prosecutor, defense lawyer, or judge, to tell/show them what to do. They expect a show and are disappointed when the lawyers come across as dry and boring, and they don't want to feel like their time is being wasted.
What a wonderful opportunity and privilege - to not only reverse roles with an imaginary juror, but to truly walk in the juror's shoes and sit in the juror's chair.
