In the past 30 years, much research in psychology has focused on unconscious biases in judgment which lead people to make irrational decisions. These biases are a natural part of human judgment, and even skilled professionals fall victim. Consulting with trial lawyers on jury selection, we see a number of biases in action. Being mindful of these biases, and having strategies to overcome them, will improve the jury-selection skill of even highly experienced trial attorneys.
Choosing by Liking
When attorneys speak with jurors during voir dire, attorneys automatically develop a gut-level sense of whether they like a particular juror. This general impression can be based on characteristics like the juror’s similarity to the attorney, intelligence, attractiveness or humor. For many attorneys, this intuitive judgment becomes the basis for a peremptory challenge.
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