Introduction:
Juror Number?
Every
effort was made to protect the identities of the 12 people who
spent six weeks listening to the $10 million libel suit brought
by a group of cattlemen against Oprah Winfrey. With juror numbers
used to identify them, they sat intently as prosecution and
defense lawyers argued the case.
Partly
anonymous until that cold day in February 1998, when they began
deliberations of the media-high, complex case involving a superstar,
a local cattle baron, free speech and the economics of beef,
they asked U. S. District Judge Mary Lou Robinson to let them
watch for a second time, a tape of the Oprah episode that sparked
all the trouble back in April 1996.
Foreman,
Christy Sams, a state employee, delivered the jury’s verdict:
"Winfrey was not liable for any damages to the Texas cattle
industry." A third-grade teacher, a retired farmwife, a
mechanic; four males, eight females; reached a decision. Who
were these people and by what means did they reach an agreement
in spite of their immense diversity and varying individual value
systems?
The
12 men and women who spent weeks listening to arguments about
the guilt or innocence of Timothy McVeigh said it was harder
to conclude that he blew up the Oklahoma City federal building
than it was to condemn him to die. They heard McVeigh’s former
friends talk about his anger toward the government. They listened
with tears in their eyes as victims, survivors and family members
recounted the horrors of that fateful day. And, they contemplated
issues as defense lawyers presented witness after witness in
an attempt to somehow explain McVeigh’s actions.
After
reaching a verdict and remaining anonymous until the end of
the trial, the Regional Transportation District landscaper and
single father, The Denver-area learning-disabled teacher, the
retired Sears employee from New Jersey, the Vietnam veteran,
the computer technician, the registered nurse and the six other
members of the McVeigh jury appeared together on NBC-TV’s Dateline.
Asked what question they would most like to put to Timothy McVeigh,
they said in unison: "Why?" This diverse group too,
having never had the opportunity to ask one question, reached
a verdict.
Faced
with potential jurors who had been exposed to the O. J. Simpson
case, Judge Lance Ito focused on a single theme during jury
selection: Could they judge the case on evidence alone?
On
the first day of the key phase of jury selection—oral questioning
known as voir dire—Judge Ito told the first of 84 prospects:
"I am not looking for hermits. . .we would be very suspicious
of a Rip Van Winkle that awoke yesterday and just learned of
this case."
No
one claimed total ignorance, but most said in their 79-page
questionnaires that they could be fair and would be willing
to look at the evidence alone. The first day crawled by, with
just four jurors questioned by Ito and lawyers. The long route
to finding 12 impartial jurors and eight alternates was just
beginning.
Although
lawyers and the judge conduct the questioning of prospective
jurors, prosecution consultants, handwriting analysts, body
language specialists and defense advisors are the ones watching
the jurors with an eagle eye. Exploring every emotion, evaluating
facial expressions, observing nonverbal communication, analyzing
all writings and scanning clothing and posture, the jury consultant
is there to WEED out the worst for their team.
Lawyers
spend a good part of their lives being trained how to communicate
technical issues, yet research proves that when jurors listen
to evidence, they focus on nonverbal communication for over
90% of the message. Studies have proven that people retain only
10% of verbal communication. Nonverbal experts help lawyers
capitalize on exploring emotion from the jury pool by selecting
jury members capable of emitting shared feelings. The way to
win an audience over is to RELATE to them in any way possible.
Pure and simple, enabling a jury member to declare, "That’s
just the way I feel," or "That’s just like what happened
to my friend," will more eagerly place him on one particular
side as he feels and expresses empathy for the cause.
The
time spent in voir dire during a courtroom trial is the
basis for the success of the case. The best trial lawyers in
America till tell you that, "any case is 85 percent won
or lost after the jury selection is completed." Why is
it always over at this juncture?
How
are the voting outcomes of jurors predetermined? They’re accomplished
by carefully studying and analyzing juror characteristics, statistics
and verdicts (Chapter 2), their handwriting (Chapters 3 and
4), their drawings (Chapters 5 and 6), their facial features
(Chapter 7), their body language (Chapters 8 and 9), their personality
and birth order (Chapter 10), and their general intelligence
(Chapter 11); in fact, every detail that makes each of them
unique.
A
thorough comprehension of an individual can give valuable information
on:
Carefully
prepared and creatively conducted jury screening can lead to
successful results in every court case.
However,
just as the information container herein can help in the courtroom,
knowledge of these facts are just a helpful in our personal
lives. Every time we talk with people we are trying to influence
their behavior, and they are trying to influence ours. The words
we use, the way we dress and move, are all ways we seek to control
one another.
Though
we may make these attempts unknowingly, they leave us open to
dangerous manipulation. Judging The Jury: Experience The
Power Of Reading People will teach you how to listen and
what to look for in yourself and those around you, so you can
identify underlying motives, expectations and fears. By reading
these hidden messages, you can avoid their damaging effects.
Learn
to listen with a different ear—the one that hears what isn’t
being said. Learn to see with a different eye—the one that watches
what’s not being spoken. This book will start you thinking,
seeing, listening and feeling about your life and your relationships
in a different view and may give you the perspective you need
to change them.
Learn
how to "read" people, predict their behavior and understand
how they’re "reading" you. The clues, that reveal
the truth about those around you, could help you to make better
and more intelligent life choices.