Observing jury reaction to questioning by prosecutor

Observing jury reaction to questioning by prosecutor

The defense counsel's observation of the jury should begin when the judge first addresses the jury. The prosecution's voir dire often provides the opportunity for counsel to take note of all non-verbal information conveyed during the prosecutor's voir dire. While the prosecutor is likely to focus solely on the person he or she is questioning, the defense counsel can focus on the entire jury to see if anything said by the prosecutor elicits a nonverbal reaction from the potential jurors. Such reactions are almost always involuntary. If properly understood, these reactions may give the defense attorney a clue as to the prejudices or emotions of a juror. Particularly attention should be paid to any responses that indicate a strong like or dislike by a juror of the prosecutor, the defendant, computers, police officers, or any other thing or person of significance in the case. The general attitude of an individual toward the judge is another significant factor in evaluating him or her as a juror.