WANNA BE A STAR? NO NEED FOR JEDI TRICKS.
1980: The EMPIRE STRIKES BACK, the sequel to STAR WARS becomes the highest grossing film of the year earning $401.5 million.
2024: Don’t be the defense attorney with the highest grossing verdict of the year and don’t add to the EMPIRE of the #PlaintiffBarSTARS. Remember to ask about BACK STRIKES.
This is an easy one. No need to go to the mats here.
You don’t need Jedi tricks.
All you need is preparation and knowledge about whether you can BACK STRIKE during jury selection, as well as familiarity with the entire process BEFORE you step into that courtroom!
No part of trial that varies more from courtroom to courtroom than jury selection. Have the rules down cold, so you can be strategic!
It takes one bad juror to tank your case and you don’t want to be second guessing the rules which can cause you to lose a peremptory challenge or pass on a problematic juror.
So WTF is a BACK STRIKE?
BACK STRIKES are one of many rules you must know before the jurors are placed in the box.
I like to think of them like this. (This is a general example. Each step of jury selection varies courtroom to courtroom).
1) Prospective jurors are seated in the box;
2) Questioned by judge;
3) Questioned by Plaintiff; and
4) Questioned by Defense
5) As jurors are struck and replaced (by cause and peremptorily) the “Johnny Come Lately Prospective Juror” slides into seat #6 when Prospective Juror #6 is booted and must be thoroughly questioned.
6) If jurors 1-5 were “accepted” and only #6 was struck and replaced a BACK STRIKE will allow counsel to REVISIT the entire panel and perhaps decide to strike Prospective Juror #4 who may have already been accepted. No BACK STRIKE? You are STUCK WITH JURORS YOU ACCEPTED.
There are MANY variations of each step described above. My POINT is that if you can BACK STRIKE you may have a different strategy.
In the scenario above, you may make a different decision when you compare the ORIGINAL Prospective Juror #6 with the JOHNNY COME LATELY Prospective Juror #6.
Find out about BACK STRIKES As well as the entire tendering/passing process in order to make the best decision for your client.
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#Lawyers #Psychology #VoirDireStartsHere #clearasabelitz
