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Article by JRI Consultants
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Voir
Dire in the age of Juror Questionnaires and Computer Profiles
Why use jury questionnaires?
 | More meaningful and more
useful information is elicited from jurors through the use of juror
questionnaires. Jurors are more candid about themselves on paper.
The questionnaires allow jurors time to provide thoughtful answers
to questions, rather than offering the typical ‘minimal’ replies
which are presented during oral voir dire. Voir dire is also
expedited through the use of questionnaires. |
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Deciding when to use a
questionnaire
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Questionnaires should
always be used if the case is complex, lengthy, or requires inquiry
into ‘sensitive’ topics. |
Developing the
questionnaire.
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Length - the shortest length for a meaningful
questionnaire is generally five to seven pages. Typical
questionnaires are 10 - 15 pages.
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Reading level - keep it simple - eight grade
level
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Distinguish between questions that need a
yes/no answer and questions that you would like to see receive
narrative answers. Carefully structure questions accordingly.
It is very important
to pre-test the questionnaire. Pre-testing allows you to:
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Identify offensive questions.
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Correct poorly worded, or compound questions
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eliminate questions that elicit redundant
answers
Submitting the
questionnaire to the Court.
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Securing the cooperation of the Judge and
opposing counsel is generally an informal procedure. Everyone
benefits from questionnaires, so there is little reason to object.
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Rarely are formal motions necessary, but if
so, we can provide dozens of case citations.
Logistics
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Volunteer to take charge.
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Provide the court with four to five dozen
black, medium point felt tips pens.
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Pre-arrange duplication and delivery points.
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Request that the Judge
direct the Clerk to draw the sequence of the entire venire
while the questionnaires are being duplicated. This allows counsel
to arrange their copies of the questionnaire in the order jurors
will be seated, thus avoiding delays associated with fumbling
through stacks of jury questionnaires after each name is called. By
knowing the order in advance, counsel can review carefully the first
15 or 20 and be prepared to begin follow-up questioning promptly.
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What to do with them once
you’ve got them.
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Form a team to review questionnaires aloud.
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If possible, don’t delegate review of
questionnaires. If you will be conducting voir dire, be part of the
review.
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Develop a uniform scoring system. Remember
this is an "on paper" rating and subject to significant modification
depending upon responses to follow-up questions. Remember to rate
along two dimensions:
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Pro-plaintiff/pro-defense leanings
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Persuader/participant/non-participant
likelihood
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Highlight in yellow those items t hat are
important to glance at when you are interviewing the juror, but that
don’t necessarily require follow-up. Highlight in green the items
that you want to address during oral voir dire.
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Review time usually takes roughly 5 minutes
per questionnaire as you go through the first ten to fifteen. The
pace picks up after that. In three hours, you should be able to
easily review, score and plan follow-up for 40-50 jurors. This is
the typical number in an average trial.
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Review your scoring of the first 24 jurors and
run through a couple of "what if" scenarios regarding the first 12
challenges.
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