Why do lawyers poll the jury?

By polling the jury, the judge gives each juror an opportunity, before the verdict is recorded, to declare in open court his or her assent to the verdict that the foreman has returned and thus enables the judge and the parties “to ascertain with certainty that a unanimous verdict has been in fact reached and that no …

Why would you poll the jury?

When each juror is asked individually to confirm the verdict that was returned to the court, it is called polling the jury. … This is done, to make sure that what the jury intended to put down on the verdict sheet is consistent with what the entire jury actually wanted to do.

Why do lawyers challenge jurors?

During voir dire, the attorneys scrutinize each prospective juror to try to determine if she or he would be sympathetic to one side or the other. The attorneys are also trying to determine if a prospective juror harbors any biases that would prevent them from being impartial.

How do lawyers persuade the jury?

To persuade, lawyers must appeal to their audience. They must know whom they are trying to convince. In a jury trial, lawyers should establish juror profiles during jury selection to identify individuals likely to render a verdict in their client’s favor.

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How does jury voting work?

In criminal cases, most courts (state and federal) require a unanimous vote by the jury to find the defendant guilty. Currently, courts in only two states allow for conviction of a defendant via non-unanimous voting, and those are generally reserved for minor charges.

What is pulling the jury?

A practice whereby the jurors are asked individually whether they assented, and still assent, to the verdict; it consists of calling the name of each juror and requiring a declaration of his or her verdict before it is recorded.

Do lawyers want smart jurors?

Attorneys can ask a juror be excused for cause in the first rounds of jury selection. The judge must agree in these cases. … Wiley says she’s often asked if she prefers smart people or stupid people on her jury, or if she wants jurors with a particular occupation or age.

What kind of jurors do lawyers want?

To sniff out bias, lawyers will ask jurors if they agree with statements like, “If someone is charged, they’re probably guilty,” or “Laws do more to protect the rights of criminal defendants and too little for victims and families,” or “Would you believe the testimony of a police officer based solely on his position as …

Do lawyers Research jurors?

Such research cannot include communicating with prospective jurors. California Rules of Professional Conduct, Rule 5-320. … Attorneys can do such research during trial to help craft more effective closing arguments and perhaps better cross examination. Counsel should closely supervise any staff that do such research.

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How do you convince a lawyer?

Five Ways to Persuade Like a Silver-Tongued Trial Lawyer

  1. Spot the Issues. The first year of law school is designed to change the way you think. …
  2. Use Short Words. …
  3. Use Common Expressions. …
  4. Use Lyrical Language. …
  5. Paint the Right Picture. …
  6. Drag Out Your Inner Attorney.

How do you convince a jury?

Your greatest persuasion opportunity is to repeat their own statements back to them in the context of the defense story. You can also play to their professions and interests. The general goal is to assimilate verbiage and issues familiar to each juror into your themes/story, witness testimony, and trial graphics.

How do you convince a judge?

How to Persuade a Judge

  1. Your arguments must make logical sense. …
  2. Know your audience.
  3. Know your case.
  4. Know your adversary’s case.
  5. Never overstate your case. …
  6. If possible lead with the strongest argument.
  7. Select the most easily defensible position that favors your case.
  8. Don’t’ try to defend the indefensible.

Can jurors refuse to vote?

You should NOT discuss jury nullification with your fellow jurors. It is well-established that it is perfectly legal for a juror to vote not guilty for any reason they believe is just.

What happens if jury does not agree?

If the jury cannot agree on all counts as to any defendant, the jury may return a verdict on those counts on which it has agreed. . . . If the jury cannot agree on a verdict on one or more counts, the court may declare a mistrial on those counts. A hung jury does not imply either the defendant’s guilt or innocence.

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Do all 12 jurors have to agree in a criminal case?

This is called a “true verdict.” If after 6 hours a true verdict cannot be reached, 5/6 of the jury members may return a “five-sixth verdict.” In criminal law, all 12 jurors must agree.