Every jury trial has risks. There are no guarantees that any juror will rule in your favor. However, there are often strong indicators that a member of the jury is inclined to find that there is a reasonable doubt as compared to other jury members. Every member of the jury has certain prejudices and biases whether it’s the color of a defendant’s skin, the way a defendant looks, or automatically believing the testimony of a police officer.

Skilled criminal defense attorneys do ask questions to help decide whether they should seek to remove a juror for cause or without cause. Even if the juror cannot be dismissed, it helps to know or anticipate the concerns of a juror while presenting the case.

Some of the questions that our Knoxville defense lawyers ask during the voir dire phase of the jury selection include:

• Have you ever been the victim of a crime? Victims are more likely to pay with the prosecution and defense.
• What is your occupation? Jurors who work for law enforcement may be more inclined to favor the testimony of police officers. Jurors who work in social services may be more understanding of the problems that defendants face.
• Do you know any of the participants? Such knowledge usually indicates a bias.

It helps to ask open-ended questions as opposed to yes or no questions. The more we can get a jury to talk, the better we have an idea of his or her concerns.

What are some other factors in jury selection for a criminal defense case?

In addition to asking good questions, experienced criminal defense lawyers examine the juror’s body language. How the jury reacts facially or how they move their body may indicate their comfort level with certain questions.

Skilled defense lawyers try to be themselves. Criminal cases can take hours or even days to present. Jurors tend to disfavor lawyers who they think aren’t being sincere.

Experienced defense lawyers understand the weaknesses of their case. They also understand that some, if not many jurors may be uncomfortable with certain aspects of a criminal case. Skilled defense lawyers understand when to inform the jury about these weaknesses and discomfort issues and when to wait to respond to these issues until they are raised by the prosecution.

It is important for the jury to understand the defense arguments as soon as possible so that the jury’s viewpoints don’t become unshakeable.

Another strategy is to make clear to the jury that criminal cases aren’t always open and shut. Even if the defendant is guilty of something, he/she may not be guilty of the charges the jury is considering. Juries should understand from the start of the cast to the end that they only need to find a reasonable doubt to acquit a defendant.

At Banks & Jones, our experienced criminal defense lawyers understand that numerous small details can mean the difference between an acquittal and a conviction. We have the experience to understand when to be aggressive (such as through a tough cross-examination) in your case and when to be more moderate. Our criminal defense lawyers understand that success depends on a balance of legal arguments, factual defenses, and the ability to persuade. To talk with a seasoned criminal defense lawyer, who represents defendants in and near Knoxville, complete our contact form or call us at 865-546-2141 to schedule a free consultation.