July 7, 2016
As I mentioned in the introduction to this series on Mastering Group Voir Dire, group voir dire is the most challenging format for questioning jurors and getting them to respond honestly and candidly. The first tip in our series focuses less on the jurors and more on the attorney who is conducting voir dire questioning. It is the orientation or approach that the attorney takes to the questioning process that sets the tone for voir dire. (Click here to see a short video for this tip.)
How you approach voir dire goes a long way in determining the ultimate utility of the questioning process. Will it be one where jurors are responsive, open, and candid? Will it trigger attempts by jurors to engage in what social scientists call “impression management”—where jurors try to look their best and hide their real feelings? Or will it make jurors defensive, causing them to seek to limit their responses and overall participation?
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