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22
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THE JUDGE SHOULD GIVE PROSPECTIVE JURORS A BRIEF AND NEUTRAL DESCRIPTION OF THE CASE AFTER CONSULTING WITH THE PARTIES AND BEFORE JURY SELECTION. THE DESCRIPTION SHOULD BE SUFFICIENTLY DETAILED TO ASSIST JURORS IN ANSWERING QUESTIONS DURING JURY SELECTION AND WHILE PERFORMING THEIR DUTIES.
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THE JUDGE SHOULD ADVISE THE JURY THAT THE DESCRIPTION REPRESENTS THE CONTENTIONS OF THE PARTIES AND DOES NOT IMPLY THE COURT’S VIEW ON THE MERITS OF THE CASE.
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Need for Case
Summaries During
Jury Selection
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During jury selection, potential jurors often know little more than the criminal charges named in the charging document or the generally stated civil cause of action. This information is often not specific enough for jurors to give meaningful answers during jury selection. Thus, lawyers may resort to prefacing their questions with awkward, case-specific hypotheticals. These complicated questions increase objections from opposing counsel and the need for court intervention, all of which cause additional juror discomfort.
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Procedures
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These problems can be minimized if the judge gives potential jurors more information about the pending case before jury selection begins. Judges should give detailed information about:
- witnesses, trial participants, and other individuals who might be mentioned at trial;
- the acts that are alleged to have occurred;
- when and where the acts occurred;
- the defendant’s alleged role in these acts in criminal cases; and
- the nature of the requested relief in civil cases (e.g., whether damages sought include pain and suffering).
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The judge should ensure that the description is neutral and does not comment on the evidence or imply any view on the merits of the case.
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