Professor Ronald L. Carlson |
Ronald
L. Carlson, Professor at University of Georgia Law School, reviewed Jury Selection Handbook: The Nuts and Bolts
of Effective Jury Selection. Professor Carlson has written 16 books on
evidence, trial practice and criminal procedure, including Carlson on Evidence, which is in its 5rh Edition. He has lectured
on evidence and litigation throughout the country. The Georgia Trial Lawyers
Association presented him with a Lifetime Achievement Award. This merely
scratches the surface of Professor Carlson’s achievements and his biography can
be found here.
The
following is Professor Carlson’s review of Jury Selection Handbook:
The central place of jury selection
in the American litigation system is unquestioned. It is the key
determinant when assessing whether a lawyer will be successful at trial. Jury selection has been correctly described
as the most difficult challenge in litigation. Fortunately for attorneys
and law students alike there is a little gem which effectively demystifies the
process. This is Clark and O’Toole, JurySelection Handbook.
Law students will profit from some
of the basic explanations of nuts and bolts topics like the methods for
asserting peremptory challenges. Lawyers will be alerted to tips for
assessing leadership potential. When
peremptory challenges run short for the litigator, it is critical that she
prioritizes her strikes. The importance of doing so is distilled in the
phrase from the text: “In other words,
if you are going to have a bad juror on the jury, you at least want it to be
someone who is not going to be an opinion leader.” Advice for spotting
such persons then proceeds.
Commendable wisdom is typically
shared on practical topics which appear throughout the book. These
include strategies for questioning jurors, challenges for cause, techniques for
evaluating prospective jurors, and leaving the jury at the end of voir dire
with a positive view of your case. The authors are especially capable of
imparting this advice. Ronald Clark has
informed lawyers and law students for years about pretrial skills, opening
statements and closing arguments, evidence law strategies, and
cross-examination tactics. Thomas O’Toole is an experienced jury
consultant who has provided jury selection services in a broad array of
cases. As wise practitioners of their
professions, the authors supply a handy checklist at the end of the book. The checklist provides a review of the
important subjects contained in the text.
The Jury Selection Handbook
will be used by law students as well as attorneys. For the academic
arena, the book incorporates a special chapter of assignments for experiential
learning. Law students in prosecutor or defense clinics or those helping
in legal aid offices will be admirably prepared to assist in their respective
offices by completion of the experiential exercises. The exercises also
prepare the student to face the challenge of courtroom practice with his or her
future law firm or other legal office.
In one of the chapters the authors
impart advice on how to make a favorable impression with jurors by being
friendly, avoiding distracting attire, and converting nervousness to energy.
In similar fashion, this text makes a highly favorable impression on the
reader by its comprehensive and practical approach to jury selection.
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