We have a hostage situation!

If you’ve followed me for any length of time, you will know that we have a hostage situation. News flash: Jurors are hostages! The jury selection process puts a juror’s brain under attack. They have no status, no certainty, no autonomy, no relationship, and the process seems entirely unfair. This brain attack sends them hurling into fight or flight and their number one objective is to get out of there as soon as possible. 

This is a major problem for you, the trial attorney. A juror trying to just get out of there is going to make the fastest decision possible and that will, most likely, go against your client.

You’ve got to act and act FAST. You must set them free!

Now, that doesn’t mean you must release them from duty or strike them quickly. You will only truly set them free if you address the brain attack. The keyword here is BRAIN attack. Start with their brains and meet them at the issue; leave the relationship for later. When you start with relationship, telling them how important they are while still keeping them in the dark, they see right through it. Your attempts at rapport backfire and you get labeled as manipulative. You’ll never set them free with that approach.

Take them to the issue and give them some information.

Now, I know you can’t spell out all the details of the case in voir dire. But you CAN give them some context statements. Keep it simple.

This case is about a car crash.

We’re here to talk about hospital safety.

Simple.

You’d be surprised at how something as simple as a context statement completely flips their inner world around and gives them some solid footing. Their brain can start to relax. They don’t have to guess. They have some sort of framework and will be much more relaxed to engage in conversation. You’ve shown them they’re important by meeting them where they are: in the issue bucket. They start to feel safe. They have more certainty because not everything is a guessing game. They’ll have personal stories and experiences to offer. They’ll start engaging with the other jurors and begin to work together as a group.

Of course, that doesn’t all happen just by starting out with a context statement. You still have some work to do to become the hero they need. But…it’s a start. A critical start.  

Next week, we’ll unpack a bit of the hero work that’s on your plate. Until then, start shifting your approach to jury selection. Stand in a juror’s shoes. Get into a juror’s brain. Start to understand their brain attack. You’ll be glad you did.