Defending People

the tao of criminal defense trial lawyering

16 Simple Rules, All Together

Mark Bennett | January 23, 2010

The American Society of Trial Consultants has published my Sixteen Simple Rules for Better Jury Selection in its online newsletter, The Jury Expert, along with responses from several jury consultants.
Read the rules and responses here.

They Skipped Those Days in Sunday School

Mark Bennett | December 7, 2009

From Birmingham, Alabama:
Court officials say a Birmingham woman who changed her name to Jesus Christ didn’t live up to it when she reported for jury duty this week.
The woman, previously named Dorothy Lola Killingworth, was sent to Judge Clyde Jones’s courtroom for a criminal case Monday.
Court officials told The Birmingham News Tuesday that the 59-year-old [...]

Meet Your Next Jury Panel

Mark Bennett | December 6, 2009

Jeff Gamso writes about birthers, (political) teabaggers, truthers, Flat-Earthers, alien abductees, and other unshakeable believers in alternate realities (21% of New Jerseyites surveyed weren’t sure that Barack Obama is not the Anti-Christ). What set Jeff off is that Arlington, Tennessee Mayor Russell Wiseman is one of these nutjobs.
What sets me off is that lots of [...]

Jury Selection: Simple Rule 16: The Herd Rule

Mark Bennett | September 10, 2009

The last rule for right now (it is an evolving list). . . .
I’ve talked about how the jury panel is a group and the jury is a group. Why? Because people like to be in groups. Most people will, given a choice between being in a big group and being in a small group, [...]

Jury Selection: Simple Rule 15: The Bat Rule

Mark Bennett | September 10, 2009

If the rules were in some particular order, this would have received much higher ranking. 
Simple Rule 15: The Bat Rule:
Ping, then listen. Or fail.
Because bats, you know, use echolocation: ping! and detect food and obstacles by the signal that bounces back. A bat that doesn’t ping doesn’t eat, but neither does a bat that [...]

Jury Selection: Simple Rule 14: The Atticus Finch Rule

Mark Bennett | September 10, 2009

Remember the scene near the end of To Kill a Mocking Bird in which Atticus Finch, having lost the case, wearily packs up his things to leave the courtroom? As he’s preparing to leave, the blacks in the gallery stand up for him; Reverend Sykes tells Scout, “Miss Jean Louise? Miss Jean Louise, stand up! [...]

Jury Selection: Simple Rule 13: The Undertow Rule

Mark Bennett | September 10, 2009

In Simple Rule 12: The Field Trip Rule, I talked about how the jury panel is a group, and you have to stay with the group.
This group has sixty heads and sixty bodies, each one of which is throwing off communications cues every second.
It is not possible for one lawyer, talking to sixty people, to [...]

Jury Selection: Simple Rule 12: The Field Trip Rule

Mark Bennett | September 10, 2009

In Simple Rule 2: The Blind Date Rule, I pointed out that the 60 potential jurors, by the time they reach the courtroom, are no longer strangers to each other; they have formed a group.
When you get up to talk to them, what’s your relationship to the group? You’re an outsider. You are not someone [...]

Jury Selection: Simple Rule 11: The Playing Doctor Rule

Mark Bennett | September 8, 2009

Back to our originally-scheduled program:
So you’re in jury selection, and you want to get the jurors talking about the things that maybe they’re not used to discussing in front of 60 near-strangers. What do you do?
Well, everyone knows The Playing Doctor Rule: I’ll show you mine if you show me yours, right? That’s our 11th [...]

Jury Selection: Simple Rule 10: The Marathon Rule

Mark Bennett | August 31, 2009

I want to make it clear that I don’t do foolish things like play beer pong or run marathons. But I draw inspiration from the foolish things that other people do. So the next Simple Rule for Better Jury Selection is The Marathon Rule, to wit:
Save something for the end.
There’s the possibility that, while the [...]