Just starting in Family Violence...

what are the typical stereotype for a good or a bad family violence juror?

Also, any voir dire advice is great... any examples/hypos that jurors seem to respond well to...

thx!

Anyone with a visible swastika tatoo, named Bubba or a name that combines two names into one such as joebob, billyray, etc..., that lives in a trailer in rural east texas, who wears his best overalls with a clean plaid flannel shirt to court.

The ones who think the State shouldn't get involved with family bidness.

Most men with the middle name Dwayne, Wayne, or any variation.

Personally, I'd look at education first. I'd cut GED's and ask post grads about their families. I know abusers come from every walk of life, but at least that's a place to begin. I'd cut mullets but not ponytails (If it's the beat nick tail, not the leather vest motorcycle tail.) I'd consider cutting young cowboys but not old ones.

Remember, it's jury elimination, not selection. You're looking to weed out the whackjobs, not find the reasonable folk.

You also want to establish yourself as a reasonable person during questioning. Try not to bang too hard on the table asking for justice, else you may come across as a radical crusader rather than someone seeking civil peace. (Unless you're at the felony level, then depending on your facts, you can let the brimstone fly.)

I'd also be afraid of a family violence victim. I actually had one say that she didn't think our charges were 'all that bad' because it wasn't what she went through. When the defensenattorney moves to strike for cause on a victim of violence, I typically agree.

To a degree, it might depend on how "blameworthy" your victim is. In my experience, women jurors can be pretty quick to judge a female victim who didn't act the "right way"--whatever that might be. Ironically, sometimes conservative men, rednecks included, can take a pretty dim view toward some macho guy slapping around a woman. Also, consider looking for men who have daughters.

I have a couple of pretty decent voir dires if you would like to take a look--they might help give you some ideas. You can email me at jenny.huckle@co.gregg.tx.us

I got an idea from a training in February that went across well in a trial I just did...and my victim didn't even show up after I voir dired--she called crying and scared and wouldn't come in. Anyway, I drew a "spectrum" of an argument that moved from words...to cussing....to yelling...to hitting....to using a weapon....and then death. I asked the jury at what point each of them would call the police if they heard these things from a neighbor and then asked them how quickly they would call the police if a stranger did any of those things to them or someone in their family just walking down the street. It makes the illustration that the law applies equally to family members as it does strangers, got them talking, and anyone offended spoke up and I knew who to get rid of.

I use this question in child sex assault cases, but ask:

How many of you have ever lied? (all raise hands)

How many of you have ever lied about being assaulted by your spouse/significant other? (none raise hands)

I like the spectrum of violence hypo. I'll have to use that.

Suzanne, I really like that spectrum example, I have not heard it before, but will shamelessly plaigerise in the spirit of all good prosecutors.

As to the initial post, victims of domestic violence do tend to minimize what your actor did (exactly as your victim will probably be doing). So get them talking about their experience during your voir dire. Use them to illustrate the sameness of these cases.

There is nothing quite like the experience of telling the victim sitting in your office asking to drop charges everything that the defendant has said to her about how he loves her and he is sorry and it won't happen again and if she would just remember that he does not like it when she ... all before the victim even starts talking. They just look and say, "How did you know?" If you can get the jurors to that point using someone that the defense will then desperately want to strike (because they might hate the defendant), you are in great shape.

Prepare the jury for a non-testifying or hostile victim in almost every case, because they can turn on a dime. Love/Fear/Self Blame/Economic reasons (or What do I do about the kids?) are the biggest things that come up to explain why the victim hates you and is either absent or testifying for the other side. Get the jurors to name as many of those as you can before you hold up a pre-prepared board (we titled ours "Motivations").

Hope that helps, and welcome to the club of the least appreciated category of prosecution.

It may be a stereotype, but I'd strike anyone wearing a wife-beater shirt to jury duty.