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What Experts Look for When Picking a Jury

Dora Mekouar

   Thejury of 12 strangerswhodecided the fateof former Minneapolis police
   officer Derek Chauvinwere carefully selected by theprosecutionand the
   defense.

   Chauvinwas found guilty on all charges in the murder ofGeorge Floyd.
   Prosecutorstold the jury thatChauvin knelt on Floyd's neck for more
   than nine minutes, depriving him of oxygen.

   Of the five men and seven women on the jury, sixwerewhite,
   fourwereBlack and twoweremultiracial, according to court
   information.Even before the verdict was announced, Chicago jury
   consultant AlanTuerkheimerfelt the prosecution had a "good jury."

   "I look at the experiences of the jurors.I look at their backgrounds.I
   look at their occupations and a couple of things thatthey'vesaid.And it
   seems likea pretty goodjury for the prosecution,"he said.
   FILE -- Jury room at the New York State Supreme Court in New York.

   Choosing a jury is a delicate balance. The potential jurors in the
   Chauvin trial were required to fill out an extensive questionnaire
   about their views on subjects related to the case.

   "You get rid of jurors who are on the fringes, sort of the extreme. The
   Chauvin team got rid of all the people that hate police, that hate him,
   that are really involved in the Black Lives Matter movement and don't
   think about alternative viewpoints,"Tuerkheimersaid.

   "Same with the prosecution.But you know,they'restill looking to get rid
   of people who are overly aligned with the police.Wholovethepolice.Who
   have no tolerance for the Black Lives Mattermovement.'ŠThe ones that
   are now on the jury seem likethey'remore middle of the road.Seem like
   they can be open-minded.Seem like they can consider all the evidence."

   A person's occupation can influence whether they are seated on a jury.
   For example, one of the Chauvin jurorswasa social worker.

   "I think she even said in the questionnaire she was taught to be
   respectful,"Tuerkheimersaid."I think someone like her, in a
   deliberation, would listen carefully and consider viewpoints and try to
   maybe get people to agree on certain things."

   A chemist and a nursewerealso on the jury, and they mighthave beenmore
   able to understand and explain medical testimony and
   evidence,Tuerkheimersaid.While the banker on the panel mightapproach
   the evidence and deliberations in a more methodical and analytical way.

   "Whatever your background is when you get back in the deliberation
   room, if there are issues that relate to what you do for your job,
   you're going to become an expert in that jury deliberation,"he
   said."And people are going to look to you to understand some of the
   information that was presented."
   An empty jury box at the New York State Civil Supreme Court in New York
   City, September 11, 2020.

   A key part of jury selection is trying to predict which potential
   jurors will emerge as leaders once the deliberations begin.

   "Who's going to just kind of sit back and let other people
   talk?Who'sgoing to take charge,and who's going to try to build
   consensus?"Tuerkheimersaid.

   "You can tell sometimes invoirdire (the process of determining a
   person's suitability to serve on the jury) who has a strong
   personality, and so the calculus in your mind -- no matter what side
   you're working for -- is,'OK, this juror is going to have influence in
   deliberation. I'd better make sure that they're not going to be against
   me,because it's a risk.'"

   While each case is different, there is one type of potential juror that
   most experts aim to avoid,Tuerkheimersays,and that's the candidate
   who's a little too eager to sit on a juryor goes to great lengths to
   hide that enthusiasm.

   "That's what you have to be careful of.It'scalled a stealth
   juror,wheresomebody,they try to fly under the radar.You justhave
   tolisten to what they say very carefully. See if they seem like they
   have an agenda. See ifanybody'stoo eager to serve on a jury.That'sa red
   flag,"he said.

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