Experienced trial lawyers know that the real goal of voir dire is to listen. They want to hear as fully and as deeply as possible what biases their prospective jurors bring to the courtroom. They want prejudiced people to talk. They don't cut them off. If one prospective juror is deeply biased they want him or her to talk and they want to see how the other jurors react.And it's not always easy getting prospective jurors to talk honestly. They don't want to be judged in front of their peers. They don't want others to see things they themselves may not exactly be proud of. It's often a real challenge for trial lawyers to get jurors talking openly from their hearts.
Has Trump changed voir dire? Before he was elected, many people were ashamed to say what they really though. Now they are far more likely to express their feelings loud and proud.Are there new questions you need to ask your prospective jurors? Should you ask what they think about building a wall around Mexico? What experiences they have had with Muslims? How they feel about big business? Maybe, what they think about someone who hides evidence? What new questions should be asked?
One thing about Trump. He really got people talking. He really tapped into something. We're hearing the depth and breadth of biases that permeate our country. Is anyone surprised those feelings exist? Maybe it's surprising how strongly people feel and maybe we're surprised to see how many people feel so strongly. Does anyone really think that Trump created these ugly feelings? Isn't he the juror who finally speaks up and says what's on the minds of other jurors? So now we know. We know that many, many people in our country have strong biases against women, immigrants, people of different faiths. And we also know that many who were not strong supporters at least share those feelings to varying degrees.
As a mediator, I often tell people that it's not my job to bring them good news. It's my job to help them see the reality of their situation and exactly what their choices are. Trump has forced us see the reality of our situation. And there are at least two important take- aways from his victory. First, we definitely see the problem. Now we have to figure out the solution. How do we help our friends and neighbors understand that diversity makes us strong? How are we going to help them understand that it's in their interest to work with people different from us? That's the challenge trial lawyers face when they finish their voir dire and it's the challenge for all of us now that we know the deep rooted feelings around us.
And the positive news from the Trump campaign is the reaction to it from those who might have supported him but dIdn't. Just as so many people supported him, there are many, many people pushing hard against him. We're hearing outright disgust at some of his remarks and actions. And that disgust and outrage is not only coming from Democrats and long time Clinton supporters. Many, many Republicans. Many, many conseratives and people who absolutely hate Clinton came out to say they were appalled by what Tump says. If Trump has revealed this deep vein of prejudice, he has also revealed a hidden vein of tolerance. Trump has shown how much we have in common with people we may even recently have thought were very different. When we hear deeply conservative friends express their disgust for some of Trump's remarks, we have to think, wow, maybe we aren't that different after all.
Trump has shown us the jurors who are favorable to his positions. It turns out there are many more than we guessed. In any voir dire from now on, recognize there may be very deep currents of anger and unrest in your prospective jurors. In this new awareness of our country, however, unlike voir dire, we can't "strike" people who may not see the world as we do. For good or bad, we're all stuck on the same jury and, like Henry Fonda in "Twelve Angry Men", we need to work tirelessly to prove our case.
One thing about Trump. He really got people talking. He really tapped into something. We're hearing the depth and breadth of biases that permeate our country. Is anyone surprised those feelings exist? Maybe it's surprising how strongly people feel and maybe we're surprised to see how many people feel so strongly. Does anyone really think that Trump created these ugly feelings? Isn't he the juror who finally speaks up and says what's on the minds of other jurors? So now we know. We know that many, many people in our country have strong biases against women, immigrants, people of different faiths. And we also know that many who were not strong supporters at least share those feelings to varying degrees.
As a mediator, I often tell people that it's not my job to bring them good news. It's my job to help them see the reality of their situation and exactly what their choices are. Trump has forced us see the reality of our situation. And there are at least two important take- aways from his victory. First, we definitely see the problem. Now we have to figure out the solution. How do we help our friends and neighbors understand that diversity makes us strong? How are we going to help them understand that it's in their interest to work with people different from us? That's the challenge trial lawyers face when they finish their voir dire and it's the challenge for all of us now that we know the deep rooted feelings around us.
And the positive news from the Trump campaign is the reaction to it from those who might have supported him but dIdn't. Just as so many people supported him, there are many, many people pushing hard against him. We're hearing outright disgust at some of his remarks and actions. And that disgust and outrage is not only coming from Democrats and long time Clinton supporters. Many, many Republicans. Many, many conseratives and people who absolutely hate Clinton came out to say they were appalled by what Tump says. If Trump has revealed this deep vein of prejudice, he has also revealed a hidden vein of tolerance. Trump has shown how much we have in common with people we may even recently have thought were very different. When we hear deeply conservative friends express their disgust for some of Trump's remarks, we have to think, wow, maybe we aren't that different after all.
Trump has shown us the jurors who are favorable to his positions. It turns out there are many more than we guessed. In any voir dire from now on, recognize there may be very deep currents of anger and unrest in your prospective jurors. In this new awareness of our country, however, unlike voir dire, we can't "strike" people who may not see the world as we do. For good or bad, we're all stuck on the same jury and, like Henry Fonda in "Twelve Angry Men", we need to work tirelessly to prove our case.