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Jury Selection When Race, Gender, Ethnicity Are Relevant: Tools and Strategies for Getting Jurors to Reveal Biases

Uncovering Attitudes on Sensitive Issues Without Necessarily Naming Them Directly

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, September 11, 2024

Recorded event now available

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This CLE webinar will offer guidance to counsel trying cases where race, ethnicity, gender, sexual orientation, or other similar characteristics are a key issue. The panel will suggest ways to deal with sensitive issues during voir dire and how to identify and "de-select" jurors who could be biased against counsel's case.

Description

In some cases, race, gender, ethnicity, or other traits are important aspects of the case, but it can be difficult to discuss these topics with potential jurors in public. It can be even more uncomfortable trying to get jurors to self-identify negatively perceived views or to admit to harboring certain biases. Counsel will need to develop strategies and tools to uncover biases without necessarily naming them directly.

Counsel will need to identify those attitudes or values that make jurors unreceptive to the position counsel wishes to take and then help jurors feel comfortable enough to divulge them. That requires creating an atmosphere where jurors feel comfortable talking as well as framing questions in a way that gets jurors to disclose their views.

Once the jury is selected, the issues do not disappear, and counsel needs practical tools to continue to address them throughout the trial.

Listen as this experienced panel of trial experts discusses jury selection strategies in cases where race, ethnicity, gender, sexual orientation, or other similar characteristics are a key issue.

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Outline

  1. Creating an open, comfortable atmosphere
  2. Identifying biases of concern
  3. Developing lines of questioning that reveal biases
  4. Uncovering possible unconscious bias
  5. Strategies for specific issues

Benefits

The panel will review these and other key questions:

  • When might race, ethnicity, gender, sexual orientation, or immigration status be key factors in the evidence at trial?
  • How can counsel help jurors reveal biases?
  • Can questionnaires be useful in revealing biases?

Faculty

Hanker, Kelly
Kelly Hanker

Attorney
Trial Lawyers for Justice

Ms. Hanker is a trial attorney known for increasing the value of cases across the country, including catastrophic and...  |  Read More

Pyers, Zachary
Zachary B. Pyers

Partner
Reminger

Mr. Pyers litigates complex commercial, professional liability, tort, and class action matters. He represents clients...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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