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Jury Selection: Getting the Bias Out of the Jury Pool

Learn how biases shape juror perceptions that may result in leaning toward one party over the other and ways to overcome juror reluctance to identify and admit bias.

Bias - the term carries a strongly negative connotation, yet we all have them. Think of them as inclinations, assumptions, general beliefs, and results from a lifetime of experiences. Jurors who are assembled in a room full of strangers, attorneys, and authority in the form of the judge, feel that bias is bad. They often don't want to admit that they have biases - beliefs and life experiences that will direct their attention, provide them with specific insight, and lead them to draw conclusions that are shaped by something other than the evidence. Oftentimes, jurors don't even recognize their biases and/or appreciate just how much their own biases may impact their jury service. Additionally, jurors are reluctant to admit biases even when they are aware of them. This material will focus on explaining juror research, which helps us identify juror bias. Learn about situational variables and contribute to bias in the jury. Discuss how the use of social media may inform your jury selection decisions by allowing you additional insight into a juror. This is a practical talk that will stress pointers that should make your life easier during voir dire and jury selection.

90 minutes
Course Exam
Certificate of Completion
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Why Lorman?

Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Fundamentals of Jury Research

  • Different Types of Research That Have Informed Our Findings
    • Surveys, Including Online and PhoneBased Research
    • Mock Trials and Focus Groups
    • Shadow Juries and PostVerdict Interviews

Nuclear Verdicts

  • Trial and Situational Variables That Can Lead to Juror Bias
  • Large Verdicts Today and What May Underly Those Verdicts

Brief Overview of the Fundamentals of Juror Bias

  • How Jurors Process Information
  • Different Sources of Bias and the Strength of Those Biases
  • We See What We Want to See and Hear What We Want to Hear
    • How Juror Experiences and Bias Impact Perception of the Case
    • How Juror Experiences and Bias Impact Deliberations
  • Begin Thinking About How to Approach Evaluating Jurors

Juror Disclosure - What Are We up Against?

  • Jurors Often Don't Disclose Information During Voir Dire
  • Jurors Sometimes Are Motivated Not to Disclose but Sometimes Just Don't Want to Disclose Personal Information

Social Media and Background Searches Help to Offset What Jurors Don't Tell You

  • How Can You Do It Effectively When Time Is Limited?
  • Assembling Social Media and Background Information
  • Communicating Across Team Members so as Not to Be Distract by the Information
  • Making Sure You Have the Correct Juror
  • Don't Get Caught up in the Minutia

Jury Selection - Tying It All Together

  • Put All of the Information Together From Questionnaires (If You Used Them), Oral Voir Dire, and Social Media Searches
  • Rating Jurors Based on Juror Responses and Social Media
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Why Lorman?

Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on September 10, 2020.

Call 1-866-352-9540 for further credit information.

  • AR CLE 1.5
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
     
  • CA MCLE 1.5 including Elimination of Bias 1.5
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit, of which includes 1.50 hour(s) of Elimination of Bias.
     
  • CO CLE 2.0
     
  • Lorman Education Services is a Certified Provider, as recognized by the Colorado Supreme Court Continuing Legal and Judicial Education Committee. This program is approved for 2.0 credit hours.
     
  • NM CLE 1.5
     
  • This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.5 hours of credit.
     
  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Areas of Professional Practice for 1.50 hours. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Business Center, LLC. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • OR CLE 1.5
     
  • Approved for 1.5 CLE credits in Oregon.
     
  • UT CLE 1.5
     
  • This program has been approved by the Utah State Board of Continuing Legal Education for 1.5 CLE hours.
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
     
The CLE Code is ONLY a requirement when applying for CLE Credit in New York. Other states do not need to supply the CLE Code to apply for CLE credit.

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

Virginia MCLE requirements do not allow approval for programs that do not include an audio or audiovisual component.

This program was previously offered as a live webinar. Virginia MCLE requirements do not allow approval for attendance at duplicate programs.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

David E. Cannon

David E. Cannon

Trial Innovations

David Cannon

  • Cofounder of Trial Innovations, a national litigation/trial consulting firm
  • Practice emphasizes all aspects of litigation consulting, from witness preparation to mock trials, focus groups, shadow juries, online mock trials, and jury selection in civil and criminal cases throughout the country
  • Conducts regular seminars and workshops on numerous consulting topics, such as jury selection and witness preparation
  • Author of several publications related to the areas of voir dire and jury selection
  • Ph.D. in Clinical Psychology and Law from the University of Alabama
  • Active member and former board member of the American Society of Trial Consultants (ASTC)
  • Can be contacted at [email protected] or 310-927-5879
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Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 406805
Published 2020
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