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Jury Selection: Discovering the Hidden Agenda

NCJ Number
108555
Journal
Florida Bar Journal Dated: (December 1986) Pages: 21-23
Author(s)
S G Isaacs
Date Published
1986
Length
3 pages
Annotation
In jury selection, perception of the hidden agenda -- the dynamic process that includes all nonverbal and implied communications between attorney and juror -- can occur during selection and during the voir dire.
Abstract
During panel selection; accurate information gathering requires a sizing-up process that involves an understanding of individual and small group behavior on a nonverbal level, including facial language that provides information on jurors' thoughts and biases. Clique formation and subgroupings provide additional information. A second aspect of the hidden agenda involves educating the jurors about themes relevant to the case and neutralizing prejudice against the client. This is done through the use of language and through modeling (imitating the judge's teaching role). Finally, the influencing process, designed to convince jurors of the credibility of the attorney's case, involves appropriately arousing juror empathy and anger. Strategic attacks on opposing counsel's style and rhythm also provide a means of influencing jurors. 4 footnotes.

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