9 Things Lawyers Look for When Picking a Jury

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At some point in your adult life, chances are good you’ll be called to serve jury duty. But the odds that you’ll actually sit on a trial are much lower. What, exactly, makes an ideal juror? What are lawyers on both sides of a case looking for in a lineup of random people? The answer, of course, depends on the case itself. But there are a few general traits attorneys take into consideration when trying to decide whether you’d help or hurt their argument. 

Attorneys don’t get to pick their jurors. Instead, using a mixture of intense questioning, keen observation, and stereotyping, they get to eliminate people they think would hurt their case. “It’s not like a baseball team where you can choose your team members,” says Jeffrey Frederick, Director of Jury Research Services at the National Legal Research Group and author of Mastering Voir Dire and Jury Selection. “It’s not who I want, it’s who I don’t want. What we try to do is think of what backgrounds, life experiences, cognitive styles, opinions, and values jurors might have that would make them less receptive to our case.” Clues like demographics and personality can improve a lawyer’s chance of predicting a juror’s stance on a verdict by up to 15 percent. Here are a few things lawyers take into consideration when trying to figure you out. 

1. YOUR RELATIONSHIPS

Attorneys pay close attention to any relationships that might color your opinions. For example, “if it’s a medical malpractice case and there’s a woman and all of her friends are nurses, that might bias her a little bit,” says Matthew Ferrara, Ph.D, a trial consultant and forensic psychologist. And if you have friends or family in law enforcement, that’s a big red flag. “In a criminal case, relationship to someone in law enforcement is paramount,” Ferrara says. “People who are probation officers, police officers, jailers or are related to the same type of profession would be probably viewed as biased toward the prosecution.”

2. YOUR EXPERIENCE WITH THE LAW

Even if you aren’t directly related to a police officer or member of the judicial system, you can still have opinions about law enforcement rooted in your own personal experiences. Perhaps you feel you were unfairly ticketed for speeding, or you’ve been the victim of police profiling. This is all very important, because research shows that when juries deliberate, they spend 50 percent of their time talking about their own personal experiences as a way of judging the case. To sniff out bias, lawyers will ask jurors if they agree with statements like, “If someone is charged, they’re probably guilty,” or “Laws do more to protect the rights of criminal defendants and too little for victims and families,” or “Would you believe the testimony of a police officer based solely on his position as an officer?” 

The defense is going to look for people who are more open-minded about the law, and don’t always believe that it makes the right call. The plaintiff attorney or prosecutor will generally look for people more inclined to trust authority. 

One quick way to get dismissed from a jury, according to Tom King, a former Deputy Prosecutor in Indiana, is to voice strong opinions about the legal system: “Say, ‘I’ve read about these criminal prosecutions where the police and the prosecutors made up evidence and I just don’t think it’s a fair system.’” 

3. YOUR INTERNET FOOTPRINT

Your public activity on various social media accounts like Facebook, Twitter, and LinkedIn are fair game. Have you been sharing or commenting on any relevant news articles? Did you recently write an opinionated Letter To The Editor? Do you belong to a particular group on Facebook? All of that could show a sign of bias. “In some cases it turns out political party affiliation is relevant and if that’s the case, then you start looking at political websites, Facebook pages, campaign contributions, all kinds of things that might indicate a political orientation,” Frederick says. 

4. YOUR RELIGION

One common question presented to jurors is, “Are there any religious beliefs that prevent you from passing judgment on another person?” Frederick says this is to weed out people whose faith might impede their ability to view a case objectively. 

5. YOUR ATTITUDE

If you come into jury duty with an air of positivity, you increase your chances of staying on as a juror. “If they’re ticked off, I don’t wanna take that chance because that could be transferred to my case,” says King. Indeed, research shows that if you don’t vibe well with an attorney, you’re more likely to decide against their argument. “One attorney told me, 'If I can tell they don’t like me, I get rid of them,’” King says. 

6. YOUR LEADERSHIP SKILLS (Or lack thereof)

Leaders, contrarians, and independent thinkers can be pivotal in a verdict. These people have the potential to rally the rest of the group behind a unanimous decision, which is great for the plaintiff or the prosecutor. But they also won’t be afraid to disagree with everyone else, resulting in a hung jury, which is great for the defense. “With the prosecution, you wanna see a group that can work together,” Frederick says. “As the defense you are willing to have people on there who will have a problem working together.” Lawyers want to identify the leaders quickly and decide if they’ll work for or against their case. “If you’re the leader and they don’t think you’re on their side, they’ll eliminate you immediately,” Ferrara says. Attorneys will look for leadership positions in your history, and take note of how assertive you are during the questioning process. “Do they tend to speak up in a group or not?” asks Frederick. “I’ve heard people correct us attorneys, and you go, ‘that’s pretty assertive.’”

7. YOUR CLOTHES

While clothing alone usually isn’t enough to get you dismissed, lawyers can make superficial judgments about your character based on your wardrobe. This even includes your shoes. According to the Synchronics Group Trial Consultants, a “nurturing, open, receptive and generous person” will likely wear casual shoes “with plenty of room for the toes, because these people don't want to be hemmed in. No pointy tips. The heels will be low, because open people want to be able to move around easily. No stilettos. Sandals, sports and walking shoes are more likely to fit this person's style than compact, tight dress shoes.” On the contrary, the Synchronics Group says, uptight and cautious jurors will wear more formal and well-maintained shoes. Generally, “if you wanna make it on a jury,” says Ferrara, “then dress conservatively and in an non-flashy manor.” 

8. YOUR HAIR

Open and receptive jurors, according to the Synchronics Group Trial Consultants, will have hair that is “casual and naturally flowing, rather than highly styled or gelled or plastered to the head … Beards and mustaches will be natural looking, rather than designed and sculpted.” The old adage says you can’t judge a book by its cover, but attorneys will certainly try. 

9. YOUR BODY LANGUAGE

Non-verbal behavior can say a lot about what you’re thinking. “We’re not mind readers,” says Frederick, “but you can see behaviors indicating they are really not receptive to you at all, or they’re very receptive to you, and you pay attention to that.” For example, according to the Synchronics Group Trial Consultants, open and receptive people “will be sitting in open postures, i.e., with their hands on the chair arm instead of folded across their stomach.” Lawyers will observe jurors’ faces for telling reactions while the judge reads the charges aloud. Some will “look over at the defense like they have daggers in their eyes,” Frederick says. “Or they may look over somewhat sympathetic.” 

According to Trial Consulting Firm DecisionQuest, “Non-verbal behavior is only one clue as to how someone might be feeling at any given moment, not an indicator of basic attitudes or biases.” Like clothing choice and hairstyle, body language is only part of the puzzle. Still, King says, “there were times when, as soon as the jury was seated and all the other people were gone, I would look up and I would just know.”

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The 10 Best Stores to Shop for Deals on Black Friday

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It’s that time of year again: Black Friday is almost upon us. That means killer deals—if you can manage to snag them. Getting good discounts during the shopping melee requires planning, since not every store offers the same sales, and not every Black Friday purchase represents a great deal. Before you start your shopping list this year, you may want to check out WalletHub’s new list of the best stores for Black Friday deals across the country.

WalletHub sifted through 7000 deals advertised in 2018 Black Friday ads from 35 major U.S. companies to figure out where you should concentrate your shopping energy this season.

While you might hear a lot about Black Friday at major retailers like Walmart and Best Buy each year, this data shows that focusing on smaller, regional department stores can net you the most savings. Stores like Belk (located across the South), Meijer (a Midwestern superstore), Fred Meyer (based in the Pacific Northwest), and Shopko (Wisconsin) all offer some of the steepest discounts, outpacing bigger corporations like Target and Kohl's. Stage, based in Houston with stores in 42 states, is offering some of the biggest discounts this year in four of the 11 categories WalletHub studied.

That said, this data is only looking at discount rates, not overall price, so it’s possible that outlets like Amazon that already offer lower base prices may be a better overall deal. With that in mind, here are the 10 stores with the highest overall discount rates:

1. Belk (68.91 percent)
2. JCPenney (65.13 percent)
3. Stage (62.08 percent)
4. Kohl's (60.76 percent)
5. New York & Company (54.52 percent)
6. Payless ShoeSource (50.34 percent)
7. Dick's Sporting Goods (49.94 percent)
8. Macy's (48.74 percent)
9. Fred Meyer (45.30 percent)
10. Shopko (45.23 percent)

These are the top five stores for consumer electronics discounts:

1. Fred Meyer (51.96 percent)
2. Academy Sports + Outdoors (46.28 percent)
3. Staples (42.26 percent)
4. Belk (41.32 percent)
5. Walmart (39.61 percent)

And the top five stores for discounts on phones and computers:

1. Lenovo (40 percent)
2. JCPenney (39.24 percent)
3. Office Depot and OfficeMax (37.94 percent)
4. Target (36.82 percent)
5. Kohl's (35.82 percent)

These are top 5 for appliances:

1. Stage (59.50 percent)
2. Belk (56.64 percent)
3. Fred Meyer (52.50 percent)
4. Big Lots (50.02 percent)
5. Newegg (46.17 percent)

And, last, the top five for toys:

1. Stage (55.78 percent)
2. Belk (53.89 percent)
3. JCPenney (47.41 percent)
4. Jet.com (43.91 percent)
5. Meijer (43.48 percent)

For the full rankings, head to WalletHub.

13 Facts About Charlemagne

A representation of Charlemagne from the Cathedral of Moulins, France
A representation of Charlemagne from the Cathedral of Moulins, France
Vassil, Wikimedia Commons // Public Domain

Between 768 and 814 CE, Charlemagne—also known as Karl or Charles the Great—ruled an empire that spanned most of Western Europe. After years of relentless warfare, he presided over present-day France, Germany, Belgium, the Netherlands, and other territories. The Carolingian Renaissance (a revival named for the dynasty founded by Charlemagne's grandfather) rose out of the bloodshed, with an accelerated artistic and literary output that both celebrated antiquity and pushed for a newly standardized Christian culture. Nevertheless, the might of this empire rested on Charlemagne alone, and after his death it quickly fell apart. Here are 13 facts about the first Holy Roman Emperor.

1. HIS FATHER WASN'T BORN A KING.

Charlemagne's father, Pepin III—often called Pepin the Short—was mayor of the palace (administrator of the royal court) before he was named the first King of the Franks. After a concerted campaign to become ruler, Pepin finally became king in 751, and three years later was officially anointed by the pope, who at the same time anointed Pepin's sons Carloman and Charles (the future Charlemagne) with the holy oil that demonstrated their special status. Pepin III served until 768.

2. HIS BROTHER DIED SOON AFTER BECOMING CO-KING.

After Pepin III died, Charlemagne shared power with his younger brother Carloman, with the two acting as joint kings. It wasn't a smoothly shared reign, however, as evidenced by a 769 episode in which Carloman seemed to undermine Charlemagne's authority by refusing to assist in quashing a revolt in Aquitane. Then, Carloman suddenly died in 771.

Exactly how Carloman perished so conveniently is mysterious. The most common account is that he died of a nosebleed, though what caused it is a matter of debate, with one historian proposing a peptic ulcer as the underlying issue. Whatever the cause, after his death Charlemagne concentrated all of Carloman’s land and power and became the sole King of the Franks.

3. HE IS CONSIDERED THE FATHER OF EUROPE.

As the King of the Franks, Charlemagne set out on an ambitious and bloody campaign to expand his territory. By the time of his death in 814, this kingdom included the majority of what is now considered Western, and some of Central, Europe. Not since the Roman Empire had this much of the continent been controlled by one ruler. Because of this (albeit fragile) unification, Charlemagne is sometimes called the father of Europe.

Over the centuries, the name Charlemagne became associated with European unification, whether through peaceful initiatives such as the European Union or war. For instance, Napoléon Bonaparte, who had his own dreams of empire, declared in 1806: "Je suis Charlemagne"—"I am Charlemagne."

4. BEING CROWNED EMPEROR MAY HAVE BEEN A SURPRISE.

Pope Leo III crowned Charlemagne emperor at Christmas mass in 800. Charlemagne had arrived in Rome a few weeks earlier at the request of the pope, but by many accounts, including that of his court scholar Einhard, he was not expecting his new role, and only realized what was happening when the pope put the imperial crown upon his head.

Since the crowning was advantageous to both parties, it's likely there was some partnership behind the event (it's also possible Einhard may have wanted his friend Charlemagne to appear more humble in his biography). Importantly, the coronation recognized Charlemagne as ruler of a Holy Roman Empire, which carried an associated ambition of outdoing the military and cultural achievements of the pagan Roman Empire. It also served to notify Charlemagne's enemies that his domination of Western Europe was sanctioned by the Church.

5. CHURCH MUSIC FLOURISHED DURING HIS REIGN.

Charlemagne loved church music, particularly the liturgical music of Rome. At his request, Pope Hadrian I sent monks from Rome to the court of Aachen to instruct his chapel's choir in 774. This event helped spark the spread of traditional Gregorian chant through the Frankish churches. In 789, Charlemagne also issued a decree to his empire's clergy, instructing them to learn (and sing properly) the Cantus Romanus, or Roman chant. Music schools were also founded under Charlemagne's reign, and monks transcribing music helped preserve the Gregorian chant into the present day.

6. MUCH OF WHAT WE KNOW ABOUT ANTIQUITY IS BECAUSE OF CHARLEMAGNE.

Charlemagne was a fierce proponent of Christianity, yet he had great respect for the culture of pagan antiquity. He also saw his empire as a direct successor to the glory of the Roman world. The scholars of the Carolingian Renaissance discovered and preserved as much of antiquity as possible, and its survival into the modern day is largely thanks to their efforts. On Frankish campaigns, soldiers would bring back ancient Latin literature alongside other loot. Carolingian monks meticulously copied these old texts into new volumes, helping preserve Cicero, Pliny the Younger, Ovid, and Ammianus Marcellinus. Even after Charlemagne’s reign, these European monasteries remained devoted to the preservation of Latin literature and knowledge.

7. CURRENCY WAS STANDARDIZED IN HIS EMPIRE.

As Charlemagne conquered Western Europe, he recognized the need for a standard currency. Instead of a variety of different gold coins, his government produced and disseminated silver coinage that could be traded across the empire—the first common currency on the continent since the Roman era. The currency’s system of dividing a Carolingian pound of pure silver into 240 pieces was so successful that France kept a basic version of it until the French Revolution.

8. HE DRESSED IN COMMON CLOTHES.

Charlemagne was an imposing figure, with a height estimated between 5 feet 10 inches and 6 feet 4 inches, which was quite a bit taller than the average male height at the time. Yet he wasn't showy in his style. According to Einhard, he dressed in the ordinary clothes of the Frankish people, with a blue cloak over his tunic, linen shirt, and long hose. The one bit of flash he always had was a sword, worn on a belt of gold or silver. To dress up for special occasions, he'd sport a jeweled sword.

He also was not fond of flamboyant dress in the people around him. An anecdotal tale from the 9th-century De Carolo Magno relates how he spent a whole day tormenting some courtiers who returned from a festival decked out in silk and ribbons. He made them go hunting with him without a chance to change their clothes, and immediately upon returning had them attending him into the night. The next morning he ordered them to return, dressed in their wrecked finery, and ridiculed them for demeaning themselves by wearing such impractical clothes.

9. HE HAD MANY WIVES AND CHILDREN.

Amidst all those years riding around Europe waging war, Charlemagne somehow found time to get married to five different women and have relationships with several concubines. He fathered around 18 children. If there was one soft spot in the emperor's heart, it was for his kids, as he supported the education of both his sons and daughters. He didn't allow any of his daughters to get married during his lifetime—not necessarily to protect them from rakes like him, but probably because these marriages would have raised the status of their husband’s families too much for his comfort.

10. HIS ONE MAJOR DEFEAT WAS IMMORTALIZED IN POETRY.

Charlemagne's first campaign to conquer Spain was a disaster, culminating in his only major military defeat. After his army entered the Iberian Peninsula in 778, having been promised an alliance by Sulaiman Ibn al-Arabi in Barcelona that could spread Christendom into the Muslim territory, they made quick progress into the south towards Zaragoza. There, things went wrong. The governor, Hussain Ibn al-Ansari, resisted the Franks, and after some negotiation, offered gold in exchange for a Frankish retreat. Charlemagne accepted and left, destroying the defensive walls of Pamplona on the way back so they could not be used as a base for attack against his men.

As they moved through the wooded Roncevaux Pass in the Pyrenees, Charlemagne's forces were ambushed, mostly by Basques who may have been angered by the wreckage of Pamplona or their ill treatment by Charlemagne’s soldiers. Unfamiliar with the mountainous landscape, the Frankish rear guard was overwhelmed, losing many lives, including the prefect of Breton, Roland. The bold Roland was immortalized and mythologized in the medieval epic poem The Song of Roland, one of the oldest surviving examples of French literature.

11. HIS NAME NOW MEANS "KING."

Charlemagne's given name (Karl in German) was bestowed by his parents in honor of his grandfather, Charles Martel, and derives from the German for "free man." While in German kerl is understood to mean "guy," elsewhere variants of the name karl have come to mean "king." From the Czech král to the Polish król to the Lithuanian karalius to the Latvian karalis, languages all over Europe have traces of his influence in their word for king. Charlemagne's notoriety also popularized the name Charles throughout much of Europe, where it remains common today.

12. HE ORDERED A MASSACRE THAT BECAME NAZI PROPAGANDA.

Over three decades, Charlemagne warred against the Saxons in today’s northwest Germany. Most notoriously, in 782 he is said to have ordered the execution of around 4500 Saxons. Under his rule, any members of the pagan Germanic tribe who didn't convert to Christianity were also put to death.

The massacre gained new historical prominence in the 20th century, after the Nazis built a stone monument in 1935—the Sachsenhain memorial—remembering its victims. Charlemagne was reframed as an enemy of traditional Germanic culture and an example of the evils of the Catholic Church. Some 4500 stones were erected at the site where the Saxons were believed to have been killed. This demonization of Charlemagne was brief, however, and by 1942 the Nazis were celebrating the 1200th anniversary of his birth as a symbol of German superiority. The units of French volunteers who served in the German Schutzstaffel (SS) during World War II were named the Charlemagne Regiment.

13. THE EMPIRE FELL AFTER HIM.

Charlemagne died in 814, and his empire didn’t live on much longer. All of the strength of his government radiated from his reputation and the threat of war if he was not obeyed. The Frankish tradition was to divide power equally among male heirs, and although Charlemagne's only surviving legitimate son was Louis the Pious, he died in 840. The empire was soon separated between Louis's three sons. These three kingdoms continued to break down until the deposition of Charles III in 887, at which point most of the Carolingian power was gone. Not a century after his death, Charlemagne’s empire was no more.

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