The first session dealt with the procedures used for jury selection, including the stages of voir dire and the proper use of preemptory challenges and challenges for cause. Judge Bamberger used numerous hypothetical situations to help students identify pertinent legal issues and formulate appropriate questions for potential jurors. For instance, a juror says he is uncertain if he can evaluate the testimony in an impartial way. What follow-up questions would you ask? Would you exercise a challenge for cause? What will you do if the judge denies a challenge for cause? Another juror is wearing a “Power to the Unions” t-shirt. Would you be concerned? Do you want to use a preemptory challenge? These hypotheticals helped the students to recognize the range of issues that can arise during jury selection and learn how to approach each issue in a meaningful way.

The second session focused on issues that may arise after the jury is selected, including jury misconduct, illness, the use of alternate jurors, and jury deliberations. For instance, what would you do if you notice that a juror is sleeping through the proceedings? What if you heard that another juror realized she knew one of the witnesses? What should the judge do if a juror refuses to deliberate? These are situations that could occur during trial and may have a large impact on the outcome of the case or the issues raised on appeal. Judge Bamberger also explained the standard used to determine whether a juror should be discharged, and what sort of inquiry is needed to determine jury misconduct. Further, she discussed circumstances under which jury issues may lead the judge to order a mistrial, and what can be done to avoid it. Overall, the students came away with an informed understanding of the jury process that will benefit them in their future careers.

Article written by Deanna Pisoni ’10.