Selecting a Jury in a DUI Case

Transcription

1 Selecting a Jury in a DUI Case Why is a DUI Jury Different? N Victim Generally n witnesses Usually, the nly prsecutin witness is ne (r tw) plice fficer (s) N crime scene Minimal frensic evidence General Advice abut DUI Trial Jury Selectin Jury verdicts shuld be decided n the evidence, but the evidence in DUI case is less imprtant t the jurrs than their impressins f credibility, their values, their sense f fairness, and the predispsitins they bring with them int the curtrm. Trials are abut the evidence, but jurrs merely use the evidence t supprt what they already believe t be true and then use that evidence t cnvince ther jurrs in deliberatins. Yu wn't win a jury trial withut supprting evidence, but the evidence itself des nt persuade yur jurrs. DUI is presuppsed t equal intxicatin/drunkenness. Withut intxicatin/impairment, reasnable dubt is created. Cnsider minimal explratin f the jurr s views n the assumptin that

2 nine ut f ten f them will be prejudiced against the defendant and yu cannt get rid f them all. In prbing examinatin, yu are mre likely t identify fr the incmpetent prsecutr the ne guy that might favr yu and then allw the prsecutr t strike that persn frm the venire Nte: It is estimated that 40% f the adult ppulatin f the State f Alabama des nt drink alchl in any frm. Cnsider that jury service is disprprtinally filled by public sectr emplyees (schl system and state emplyees), retirees, and thers wh can easily be excused frm wrk. Fr these classes f peple, the n-alchl cnsumptin figure is prbably higher. Get In Synch with the ptential Jurrs. Have them think f yu as a likeminded persn. Be their vice, and they will agree with yu. The Sympathy Factr With whm d the Jurrs identify? Yur gal is t make yur client a human being with a life and nt simply the drunken defendant. Accrding t a 2007 study cnducted by the Califrnia DUI Lawyers Assciatin f 800 Califrnia residents n numerus tpics related t drunk driving: Jurrs withut cllege degrees are three times mre likely t be

3 receptive t defense arguments then jurrs with cllege degrees. Hispanic jurrs were fund t be fur times mre likely t be sympathetic t defense arguments that Caucasian jurrs. Nte: This may nly apply t Califrnia with its larger Hispanic ppulatin. Single jurrs were twice as likely t be accepting f defense arguments than thse wh were married List f Generally Pr-Cnvictin Jurrs Brn again Nn Drinkers Christian Cnservatives These are the wrst! Yu MUST strike this jurr ff the venire. Teachers Generally Pr Prsecutin Activist Liberal/Schl Administratrs D nt let the Obama in 08 sticker fl yu. Activist liberals will nearly always vte t cnvict in DUI cases. Scial Cntrl is a pririty t this type persn. They supprt gvernment regulatins. Teachers are used t rules, and being the enfrcer, interpreter, and judge f the rules. Lwer Elementary is generally better than High Schl teachers.

4 Lwer elementary teachers generally see the gd in kids rules. High Schl teachers usually have rebellius students and have t enfrce The subject that they teach is imprtant. Business/Trade Skills/Technical Subjects Generally pr chice Humanities Generally a better chice Dminant- High Status Males (Men in Leadership Psitins) Nearly always favr gvernment/prsecutin, unless they identify with yur expert witness and the state has a weak case. Incme Level Upper-middle class r higher incme will cnsistently favr gvernment/prsecutin; lwer incme generally favrs defense unless a crime f vilence is prsecuted. Jurrs that see themselves as victims, ptential victims, r their families as such Actual Accident Victims Friends r Relatives f Alchlics Highly unlikely they can be fair and impartial.

5 May nt be sympathetic t a defendant accused f drinking and driving. Wmen between 25 and 45 (up t 55) Generally a pr chice fr a DUI jurr. Especially nes with children Nesting/Prtective instinct is paramunt Married Caucasian females with cllege degrees- a duble pr chice Persns wh serve n elected bards r appinted cmmissins; any ffice hlder r any fficial capacity Tendency t favr prsecutin Rules must be fllwed attitude Small Business Owners Usually dminant males D nt have as much difficulty making tugh decisins day in and day ut abut peple; quick t vte t cnvict. Religius Peple Cnflict areas Judge Nt, Lest Ye Be Judged v. An Eye fr An Eye Difficult t assess Scial cnservative/prtestant fundamentalist religius peple believe drinking is mrally wrng are a prblem. Scial liberal/ altruistic religius peple have a hard time cnvicting smene because they believe that a Christian shuld nt be judged.

6 Nndrivers Usually will nt be sympathetic t a driver wh had anything t drink and then drive. Afraid f driving, and have a greater fear f peple wh drink and drive Will encunter a great deal f difficulty in attempting t assess the effect f alchl n the defendant s driving ability and judgment. List f Ptentially Pr Defense Jurrs General Characteristics Sci-Ecnmic status Lwer incme generally gd In general, upper middle class t upper class whites are strngly pr law enfrcement, and will nearly always vte with prsecutin. Ethnic Diversity Places where the rule f law is nt abslute Lack cllege degree Lk fr nn-high schl graduates. Jb title

7 Emplyees wh d nt make a lt f mney Blue cllar wrkers Hurly wage emplyees Understand what hard times are Lifestyle expectatins Peple that believe everyne shuld have a secnd chance N ne is perfect Cnsumes Alchl Especially if the jurr smkes and drinks Will nt be as critical as a persn as the ccasinal scial drinker wh des nt smke. Try t spt the regular drinker a six pack every Saturday type. These peple will empathize with yur client. Drives Open t the theme f yur case One main thery f the case must be established befre jury selectin.

8 Imprperly Cnducted Breath Test r Field Sbriety Test Wh d yu want? A Jurr wh believes in Prcedures Example: Frmer military r accuntant type peple; technical types. Frmer r retired plice fficers will be especially critical f anther plice fficer s failure t fllw established plicy. Discnnect Case Wh d yu want? Jurr wh is a skeptic Example: Peple wh agree machines are imperfect, and peple wh think that a parent knws when a child is sick despite what the dctr r thermmeter may say. Bad SFST Perfrmance Wh d yu want? Jurr wh is unfit physically Example: Overweight, the elderly, and thse wh have cmplained f back prblems will nt be able t perfrm the test and will have sympathy with yur client n that

9 issue. Rising Alchl Cases Wh d yu want? Jurr wh is feeling sick r just getting ver a cld Example: Peple that liken the cmings and gings f a cld with the up and dwn f alchl s influence r effects Refusal Cases Cnfusin and Libertarian Wh d yu want Fr Cnfusin Jurr wh is heavy n emtin and sympathy Fr Libertarian Jurr wh believes in individual liberty Example: A persn wh has truble with authrity, r wh believes that the gvernment is t big r t invlved in individuals lives. Drug Cases Wh d yu want? Jurrs wh will draw their wn cnclusins based n their

10 independent evaluatin f events Caveat Make sure the jurr can understand that the questin f drug use is nt befre them.