Finding Empathetic Jurors

Posted on January 20, 2008 by Ron Chapman

"Empathy" is defined as "the intellectual identification with or vicarious experiencing of the feelings, thoughts, or attitudes of another." 

When selecting a jury, it is important that a lawyer try to find empathetic jurors or jurors who will be able to stand in the client's shoes (figuratively speaking).  That is to say, it is important that a lawyer try to find those jurors who will be able to identify with the plight of the attorney's client rather than harshly judge an individual for whom they have no understanding. 

As famed trial lawyer Gerry Spence has said, those who are eager to pass judgment on others often have a disposition more akin to that of the executioner.

When selecting a jury, trial lawyer and jury consultant Anne Reed looks for a potential juror's willingness to punish.  Writes Ms. Reed:

Willingness to punish. Is this juror likely to punish the side she finds against? This is a disputed topic, but it rings true to me. Look for:
  • Recent trauma, especially one creating resentment: a recent death, recent divorce or separation, workplace trauma;
  • Low sense of control;
  • Sense that the world been unjust to them: perhaps underemployment, either actual or perceived, or a sense that they did everything right and still lost out;
  • Sense that injustice can and should be set right: some religious traditions, a social conservative or social liberal, strong self-image as a problem-fixer;
  • Strong belief in authoritative rules: rigid, dogmatic, unempathetic, intolerant of rulebreakers;
  • Plain old anger. Sometimes it's easy to pick up unexpressed anger if you're watching for it.
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Leadership Traits are Important When Selecting Jurors

Posted on January 20, 2008 by Ron Chapman

When selecting a jury, it is very important that a lawyer learn which potential jurors have leadership responsibilities at their jobs because such jurors frequently become leaders during jury deliberations.  If those jury leaders then decide to vote against the lawyer's case and are able to persuade other jurors to vote the same way, the verdict will almost inevitably go against the lawyer.

In her book entitled "Reading People," jury consultant Jo-Ellan Dimitrius echoes this sentiment when she writes that "when we select jurors, one of the most important questions we ask is whether they are supervisors at work and, if so, how many people report to them.  People who spend much of their time in a position of control and responsibility over others typically take those workplace attitudes home.  Not surprisingly, they also often become the foreperson of the jury."

Trial lawyer and jury consultant Anne Reed states that one of the things she looks for when evaluating potential jurors is leadership.  Writes attorney Reed:

Leadership.  Will this juror lead others, or follow them?  Look for:

  • Relevant knowledge.  Anyone experienced or knowledgeable in relevant subjects will be looked to by other jurors as an expert, whether or not he or she is otherwise a natural leader.
  • Employment and experience.  Lawyers, others involved in the legal system, and teachers will almost inevitably be strong leaders.
  • Age, sex, social class, education, and personality.  Here, demographics do have meaning, at least to me.  Over and over in mock trials, middle-aged male business managers tend to be jury leaders, while young blue-collar women and elderly women tend to be very quiet, and everyone else falls on the continuum between.  Ask questions to seek out leadership roles at work and in personal activities.
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