By Sunny Frazier
On Sept. 3, Criminalist Specialist David Mugridge spoke to
the San Joaquin Chapter of Sisters in Crime, Fresno. His topic was jury
selection and his tricks of the trade.
In Latin, Voir Dire translates to “To Tell the Truth.” Not
the TV game show, although there is gamesmanship involved. The first question
an attorney tells himself is “Who are these people?” Through an extensive
questionnaire both prosecuting and defense attorneys get a vague idea of the
people in the jury pool. Through questioning, they can use a certain number of
eliminations for cause in picking the jury.
Mugridge said the attorney has to be a “quasi-psychologist,
quasi-Johnny Carson.” The idea is to entertain, make sure they don’t fall
asleep and give them a reason to like you. He even throws in a few lawyer jokes
to loosen them up.
He also watches potential jurors as they come through the
door. Are they carrying a book—what kind? Do they come in groups, indicating early
bonding, or alone? What kind of clothes are they wearing? Are they bald? While
asking questions, the attorney listens not only what is said, but what words
are used. “Words matter,” Mugridge emphasized. As readers and writers, we
agree.
As a defense attorney, he dresses the defendant much like
himself and lets the jurors try to guess which one is the lawyer and which is
the defendant. He seeks to personalize his client. He also seats a woman next
to a defendant who is perceived as violent to put in the mind of jurors that
she feels “safe” and not afraid.
“The weakest training for lawyers is jury selection,”
Mugridge concluded.
