Avoiding generalization based on appearance

Avoiding generalization based on appearance

Following the prosecution's questioning of the jury, the defense has its opportunity to interrogate the panel. At this point, it is valuable for counsel to establish a rapport with each juror; a matter often more easily accomplished on a non-verbal level.FN82 As it appears appropriate, counsel should question the juror to determine the jurors' feelings, attitudes or inclinations toward the prosecution, the defense or the case. It is often difficult for counsel to pose these questions without appearing prejudiced. The physical, outward appearance of a juror may suggest a person who naturally leans toward the defense, while a juror's job, such as a police officer, may suggest that such person would have a natural inclination toward the prosecution. Counsel must realize the dangers of judging by appearance. Counsel should preface any questions about bias with a statement that looks or occupation do not determine a person's other inclinations or characteristics. Counsel should also explain that it is the obligation of counsel to assure that his or her client is judged by unbiased jurors.