Don\u2019t do the following:<\/p>\n
- \n
- Lecture.<\/li>\n
- Argue.<\/li>\n
- Embarrass.<\/li>\n
- Let them rehabilitate themselves.<\/li>\n
- Spend time with favorable jurors.<\/li>\n
- Do the other side\u2019s work for them.<\/li>\n<\/ul>\n
In personal injury cases (which I defend), common issues I probe:<\/p>\n
- \n
- Litigation philosophy \u2013 how they favorably or unfavorably view personal injury suits.<\/li>\n
- Burden of proof \u2013 whether they will follow the standard or raise or lower it (especially in cases where my client has admitted liability).<\/li>\n
- Damages \u2013 how they value money for injuries, especially for pain and suffering.<\/li>\n
- Authority & Institutions \u2013 their view of authority, corporations, corporate defendants, etc.<\/li>\n
- Personal Responsibility \u2013 their view of whether they control their life or life happens to them.<\/li>\n
- Victimhood \u2013 their view of whether they are victims and others are to blame for their lives, conditions, and situations.<\/li>\n
- Case-specific issues \u2013 specific factual matters related to your case.<\/li>\n
- Who they are \u2013 if they could have any job, what would it be? If they could be anywhere other than the courtroom, where would they be and what would they be doing?<\/li>\n
- Leaders or followers \u2013 evaluate whether they lead or follow at their jobs, in their lives, and at home.<\/li>\n
- \u201cFriend and Family\u201d questions \u2013 sometimes jurors hide their own biases but reveal them through people they know \u2013 \u201cWhat does your family think about a case like this?\u201d<\/li>\n<\/ul>\n
Exposing bias is straightforward:<\/p>\n
- \n
- Funnel questions, starting with broad, to personal, to case-specific.<\/li>\n
- Probe their life experiences. Ask jurors to discuss circumstances that may affect their view of your case.<\/li>\n
- Normalize their bias by telling them that it\u2019s normal for them to have strong feelings and it\u2019s safe to share those views.<\/li>\n
- Listen for extreme words like \u201calways,\u201d \u201cnever,\u201d and the like.<\/li>\n<\/ul>\n
Commit jurors to their bias:<\/p>\n
- \n
- Reveal their bias.<\/li>\n
- Restate their bias.<\/li>\n
- Confirm their inability to set aside their bias.<\/li>\n
- Elicit key words like \u201calways,\u201d \u201cnever,\u201d \u201cwould start at a disadvantage,\u201d etc.<\/li>\n
- Don\u2019t fix a bad juror \u2013 make them worse.<\/li>\n<\/ul>\n
Use the 1-10 approach:<\/p>\n
- \n
- Ask the juror how strongly they hold their view on a 1-10 scale.<\/li>\n
- Your job is to get them to move up that scale.<\/li>\n
- If they say a \u201c6,\u201d ask them if it could be a \u201c7,\u201d and then an \u201c8,\u201d and so on.\u00a0<\/li>\n
- This is a tricky approach, because a juror may provide a low number and not move from that number. Keeping that in mind, you can say, \u201cIt sounds like on a scale of 1-10, you feel strongly about that, let\u2019s say a 9 or even 10.\u201d<\/li>\n<\/ul>\n
Question all the jurors:<\/p>\n
- \n
- Some jurors are shy and hate speaking publicly.\u00a0 It\u2019s up to you, politely and safely, to get them to open up.<\/li>\n
- Ask open-ended questions and don\u2019t let them demur or avoid your questions. I would rather know what all jurors\u2019 opinions are and upset some along the way than make every juror comfortable and not know what a juror thinks.<\/li>\n<\/ul>\n
Plant your trial themes:<\/p>\n
- \n
- They say you\u2019re not supposed to try your case during jury selection.\u00a0 Some judges will let you, to a degree.<\/li>\n
- Introduce your theme and see which jurors reject it and which embrace it.<\/li>\n<\/ul>\n
Jury selection is primarily about deselecting biased jurors by laying the foundation for cause challenges.\u00a0 I\u2019m not worried about poisoning the jurors if someone has statements that show bias against my client and my case. I want to expose those opinions, I want them discussed, and I want other jurors to feel comfortable expressing their biases and committing themselves to those biases. The worse stuff that comes out, the better.\u00a0 The more free-wheeling and open the jurors are about their biases, the better. The last thing I want is a biased juror on my jury. And everyone these days has such strong opinions that no one is going to change their mind because a mouthy juror says he hates my client or my case.<\/p>\n
Dig with each juror, and if you sense bias, explore and reveal it, and if a juror views the world as your client and you do, don\u2019t reveal their biases for the other side to exploit and get them stricken for cause. There is no such thing as an unbiased jury. Your job is to have their bias favor your client and your case.\u00a0<\/p>\n
\n![\"\"](\"https:\/\/i0.wp.com\/abovethelaw.com\/wp-content\/uploads\/sites\/4\/2025\/07\/RamosFrank_Web.png?resize=880%2C587&ssl=1\" "\\"\\"")
<\/figcaption><\/figure>\n Frank Ramos is a partner at Goldberg Segalla in Miami, where he practices commercial litigation, products, and catastrophic personal injury.\u00a0You can follow him on\u00a0LinkedIn<\/a>.<\/em><\/strong><\/p>\n
The post Filling The Box: The Rules For Jury Selection<\/a> appeared first on Above the Law<\/a>.<\/p>\n
The key to jury selection is deselecting jurors who are harmful to your case and selecting favorable jurors. Each side is trying to strike bad jurors and keep good ones, which means you\u2019re trying to strike their favorable jurors and they\u2019re trying to strike yours.\u00a0<\/p>\n
\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Some argue that this ensures unbiased jurors presiding over the case. I don\u2019t believe that. Mr. and Mrs. America, it is 2025 in the fine U.S. of A, and not one of us is unbiased. None of us, in this current social and political culture, is without firmly held opinions, views, and perspectives. And if at the end of jury selection, you don\u2019t know much about one juror or another, or believe, mistakenly, they don\u2019t have strong views on something, likely an issue related to your case, then your jury selection was incomplete.<\/p>\n
\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Jury selection is not the time to convince the panel to see the case through your client\u2019s eyes. The goal is to find and remove those who will not and to build a panel that leans toward your client or at least will keep an open mind and listen to your evidence.<\/p>\n
\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The key to jury selection is to identify biased jurors, expose their bias on the record, and commit them to their bias to lay the foundation for a cause challenge. These jurors will never see the case through your client\u2019s eyes, and because of that, they must go. Peremptory challenges are limited. Cause challenges are not \u2014 so long as you lay the predicate to support them.<\/p>\n
\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Jury selection starts before jury selection starts, namely, securing the juror list as soon as possible to conduct your due diligence.\u00a0 Know what your jurisdiction and judge allow when it comes to snooping around a juror\u2019s background, and work within those confines.\u00a0 For example, search all public records \u2013 criminal history, litigation history, home ownership, party affiliation, bankruptcies, divorces, traffic infractions, etc. Search social media \u2013 everything that is publicly available \u2013 Facebook, Instagram, TikTok, LinkedIn, Reddit, X (formerly Twitter), YouTube \u2013 but don\u2019t try to connect or friend the juror (that\u2019s unethical).\u00a0 Do a web browser search \u2013 business ownerships, websites, articles about them, online resumes \u2013 anything and everything about them. Some investigators charge a fee for this service, or you can train your team to do this.<\/p>\n
\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Define your worst juror profile \u2013 the juror most likely to hurt your case. These are the jurors you\u2019re homing in on and with whom you\u2019re having conversations to draw out their biases.<\/p>\n
\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Know what questioning the judge conducts, how much time you\u2019re allowed, and the scope of your permissible questioning.\u00a0 And whenever possible, have the prospective jurors complete a juror questionnaire. This will provide you with more information about them and facilitate your research on them.<\/p>\n
When questioning prospective jurors, do the following:<\/p>\n
- \n
- Build a rapport.<\/li>\n
- Frame bias as human and common to all of us.\u00a0 \u201cWe\u2019ve all had experiences that shape our views.\u201d<\/li>\n
- Ask open-ended questions.<\/li>\n
- Listen more than speak.<\/li>\n
- Restate and confirm bias.<\/li>\n
- Move quickly from general to specific.<\/li>\n<\/ul>\n
Don\u2019t do the following:<\/p>\n
- \n
- Lecture.<\/li>\n
- Argue.<\/li>\n
- Embarrass.<\/li>\n
- Let them rehabilitate themselves.<\/li>\n
- Spend time with favorable jurors.<\/li>\n
- Do the other side\u2019s work for them.<\/li>\n<\/ul>\n
In personal injury cases (which I defend), common issues I probe:<\/p>\n
- \n
- Litigation philosophy \u2013 how they favorably or unfavorably view personal injury suits.<\/li>\n
- Burden of proof \u2013 whether they will follow the standard or raise or lower it (especially in cases where my client has admitted liability).<\/li>\n
- Damages \u2013 how they value money for injuries, especially for pain and suffering.<\/li>\n
- Authority & Institutions \u2013 their view of authority, corporations, corporate defendants, etc.<\/li>\n
- Personal Responsibility \u2013 their view of whether they control their life or life happens to them.<\/li>\n
- Victimhood \u2013 their view of whether they are victims and others are to blame for their lives, conditions, and situations.<\/li>\n
- Case-specific issues \u2013 specific factual matters related to your case.<\/li>\n
- Who they are \u2013 if they could have any job, what would it be? If they could be anywhere other than the courtroom, where would they be and what would they be doing?<\/li>\n
- Leaders or followers \u2013 evaluate whether they lead or follow at their jobs, in their lives, and at home.<\/li>\n
- \u201cFriend and Family\u201d questions \u2013 sometimes jurors hide their own biases but reveal them through people they know \u2013 \u201cWhat does your family think about a case like this?\u201d<\/li>\n<\/ul>\n
Exposing bias is straightforward:<\/p>\n
- \n
- Funnel questions, starting with broad, to personal, to case-specific.<\/li>\n
- Probe their life experiences. Ask jurors to discuss circumstances that may affect their view of your case.<\/li>\n
- Normalize their bias by telling them that it\u2019s normal for them to have strong feelings and it\u2019s safe to share those views.<\/li>\n
- Listen for extreme words like \u201calways,\u201d \u201cnever,\u201d and the like.<\/li>\n<\/ul>\n
Commit jurors to their bias:<\/p>\n
- \n
- Reveal their bias.<\/li>\n
- Restate their bias.<\/li>\n
- Confirm their inability to set aside their bias.<\/li>\n
- Elicit key words like \u201calways,\u201d \u201cnever,\u201d \u201cwould start at a disadvantage,\u201d etc.<\/li>\n
- Don\u2019t fix a bad juror \u2013 make them worse.<\/li>\n<\/ul>\n
Use the 1-10 approach:<\/p>\n
- \n
- Ask the juror how strongly they hold their view on a 1-10 scale.<\/li>\n
- Your job is to get them to move up that scale.<\/li>\n
- If they say a \u201c6,\u201d ask them if it could be a \u201c7,\u201d and then an \u201c8,\u201d and so on.\u00a0<\/li>\n
- This is a tricky approach, because a juror may provide a low number and not move from that number. Keeping that in mind, you can say, \u201cIt sounds like on a scale of 1-10, you feel strongly about that, let\u2019s say a 9 or even 10.\u201d<\/li>\n<\/ul>\n
Question all the jurors:<\/p>\n
- \n
- Some jurors are shy and hate speaking publicly.\u00a0 It\u2019s up to you, politely and safely, to get them to open up.<\/li>\n
- Ask open-ended questions and don\u2019t let them demur or avoid your questions. I would rather know what all jurors\u2019 opinions are and upset some along the way than make every juror comfortable and not know what a juror thinks.<\/li>\n<\/ul>\n
Plant your trial themes:<\/p>\n
- \n
- They say you\u2019re not supposed to try your case during jury selection.\u00a0 Some judges will let you, to a degree.<\/li>\n
- Introduce your theme and see which jurors reject it and which embrace it.<\/li>\n<\/ul>\n
Jury selection is primarily about deselecting biased jurors by laying the foundation for cause challenges.\u00a0 I\u2019m not worried about poisoning the jurors if someone has statements that show bias against my client and my case. I want to expose those opinions, I want them discussed, and I want other jurors to feel comfortable expressing their biases and committing themselves to those biases. The worse stuff that comes out, the better.\u00a0 The more free-wheeling and open the jurors are about their biases, the better. The last thing I want is a biased juror on my jury. And everyone these days has such strong opinions that no one is going to change their mind because a mouthy juror says he hates my client or my case.<\/p>\n
Dig with each juror, and if you sense bias, explore and reveal it, and if a juror views the world as your client and you do, don\u2019t reveal their biases for the other side to exploit and get them stricken for cause. There is no such thing as an unbiased jury. Your job is to have their bias favor your client and your case.\u00a0<\/p>\n
\n<\/figcaption><\/figure>\n Frank Ramos is a partner at Goldberg Segalla in Miami, where he practices commercial litigation, products, and catastrophic personal injury.\u00a0You can follow him on\u00a0LinkedIn<\/a>.<\/em><\/strong><\/p>\n
The post Filling The Box: The Rules For Jury Selection<\/a> appeared first on Above the Law<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"
The key to jury selection is deselecting jurors who are harmful to your case and selecting favorable jurors. Each side is trying to strike bad jurors and keep good ones, which means you\u2019re trying to strike their favorable jurors and they\u2019re trying to strike yours.\u00a0 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Some argue that this ensures unbiased jurors presiding over […]<\/p>\n","protected":false},"author":3,"featured_media":130497,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[16],"tags":[],"class_list":["post-130496","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-above_the_law"],"jetpack_featured_media_url":"https:\/\/i0.wp.com\/xira.com\/p\/wp-content\/uploads\/2025\/08\/RamosFrank_Web-zRgieD.png?fit=880%2C587&ssl=1","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts\/130496","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/comments?post=130496"}],"version-history":[{"count":0,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts\/130496\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/media\/130497"}],"wp:attachment":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/media?parent=130496"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/categories?post=130496"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/tags?post=130496"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}