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 July 25, 2009 in 

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14 Comments

  1. remy July 25, 2009 at 8:35 pm - Reply

    NOOOOOOOoooo!!!! Mark!!!

    Don’t do it!!!! To many of “their kind” read your blog!!! They will use it against us!!!

    remy

  2. Dr. SunWolf July 26, 2009 at 8:17 am - Reply

    How about:
    The Speed Dating Rule.
    The Dark-at-the-Foot-of-the-Stairs Rule.
    The Would-You-Ever-Convict-on-Mere-Evidene? Rule.
    The Fair Fight Rule.

    [It’s not a blog, it’s a book your’e growing here …]

  3. Mark Bennett July 26, 2009 at 8:39 am - Reply

    Remy,

    My aim is a batch of simple, memorable rules, any one of which can stand alone to make a person a little bit better at jury selection. If some prosecutors learn from them too, that’s okay with me.

    Dr. SunWolf,

    I wonder if your Speed Dating rule is anything like my First Date rule. Clearly you’ve given this a lot more thought than I have. I’ll have to order your book.

  4. Clay S. Conrad July 27, 2009 at 9:10 am - Reply

    How about the Sheep/Ram rule?
    (People tend to either go along, or to lead. Prosecutors want 11 sheep and 1 ram. The more rams, the more likely a hung jury.)

    I got this one from Paul Womack so it MUST be true…

  5. […] Rule” for jury selection When Mark Bennett announced a week or so ago that he had 16 simple rules for jury selection, the first of which began with “The Nike Rule,” I anxiously awaited the specifics which […]

  6. […] fifth Simple Rule for Better Jury Selection is blatantly stolen from and therefore named in honor of Chicago federal public defender Terry […]

  7. Tom French August 22, 2009 at 8:24 am - Reply

    Mark:

    What about the Gerry Spence “I’m so scared” rule, i.e., tell the jurors about your personal fears.

    I used to think this was good stuff. But, I have never gotten past a feeling that it was kind of contrived.

    So, I don’t do it anymore. Instead, I just try and ask a whole lot of questions and listen very well. Kind of like your “blind date” rule.

    Thanks much. This is good stuff.

    Tom French

    • Mark Bennett August 22, 2009 at 9:30 am - Reply

      Tom, that’s Rule 11. But, as with any of these, you have to follow your gut. If it feels contrived to you, it will feel contrived to the jurors.

  8. […] 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 […]

  9. […] Playing Doctor Rule: I’ll show you mine if you show me yours, right? That’s our 11th Simple Rule for Better Jury selection. If you want to see theirs, you’ve got to show them yours.In jury selection, show them what? […]

  10. […] Rule 3 of the Simple Rules for Better Jury Selection: the Shrek Rule of Jury Selection: Better out than in. It’s related to the “hair in the […]

  11. […] 1 of my Simple Rules for Better Jury Selection is the Nike Rule: Just do […]

  12. […] lawyer who wants to keep improving their jury selection skills I suggest they read and re-read Mark Bennett’s 16 Rules for Better Jury selection. Mark Bennett is a Houston based criminal lawyer who is also an awesome writer. If you are a […]

  13. […] and students of improv, which I have found to be invaluable training for lawyering (several of my jury selection rules come out of improv) and for […]

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