The courts are more sensitive than ever about the use of race as a factor in jury selection. However, as the courts become more restrictive on how jury selection is conducted, it has become more difficult to discover personal experiences and attitudes in order to exercise peremptory challenges. This webinar discusses the historical value of Batson and the original Supreme Court decision, followed by a discussion of how the case law developed, along with new decisions which are changing the landscape on jury selection. The presenters discuss the mechanics of making and defending a Batson challenge. Finally, they discuss practical methods to create a jury selection plan for consultants and clients, as well as how to design questionnaires and voir dire questions to identify bias, regardless of demographic stereotypes. In order to conduct more meaningful jury selection, consultants, clients and the courts need to have a better understanding of how bias operates and how to effectively deal with this complex process in order to ensure a fairer and more just process for litigants. Learning Objectives: 1. Help participants understand the history of Batson and subsequent case law; 2. Help participants understand new case law which is expanding the rule in Batson; 3. Help participants understand relevant case law that will help clients ask for jury selection procedures to avoid a Batson scenario; 4. Help consultants develop a jury selection plan to help clients gain meaningful information about jurors regardless of demographic stereotypes; 5. Help consultants and clients better understand how bias operates in the courts; and 6. Help clients and consultants understand how to develop questionnaires and voir dire questions to identify experiences and attitudes that will affect how jurors listen to a given case.
Richard GabrielRichard Gabriel is the President of Decision Analytics. Since 1985, Richard has been a leader in the field of jury research, jury selection and litigation communication in more than 1,000 trials in both the civil and criminal arenas across the country. Richard is a former President of ASTC and has been on numerous committees to study litigation and trial issues.Marilou ErbMarilou Erb is a Ph.D. Candidate in Forensic Psychology and Criminal Justice with a concentration and dissertation in geographic profiling of serial sexual homicides. Ms. Erb spent 28 years in the criminal justice field as prosecutor and judicial law clerk, 19 years as an educator at York College of Pennsylvania, and 2 years as Forensic Psychologist/AKE Incorporated.