Wednesday, June 24, 2009

PLAYING TO YOUR TRIAL AUDIENCE: THE JURY

Juror Infuriated by Prolonged Cross-Examination

What happened earlier this month in a Brooklyn courtroom is a reminder that trial lawyers must be ever mindful of the effects of what they do on their audience – the jury.



The New York Times reported that a juror in a Brooklyn court could take it no longer after having sat through two days of the prosecutor’s cross-examination of an accident reconstruction expert. The juror wrote to the trial judge that she was “infuriated to the point that I am no longer able to serve as an objective juror.” She further noted, "Things go on and on and on and on endlessly and I don't see the value in it and people are asleep." The trial judge dismissed the juror over defense counsel’s objection. Defense counsel observed, "Clearly this is a very intelligent woman and someone who clearly appreciates the gravity of the situation,"

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