The Barrister’s Toolbox
A Resource for Trial Advocacy
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Challenges to the Composition of the Jury Pool
A fox should not be on the jury at a goose’s trial. – – Thomas Fuller A right to trial by jury is guaranteed under both state and federal law. In a civil matter, a trial by jury is provided for under Article 1, Section 20 of, and the 7th Amendment of the U.S. Constitution. …
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Use of Peremptory Challenges and Preservation of Challenges for Cause
The great thing about our system of democracy is when they call you for jury duty, you have to come… It’s an honor and a privilege. I was called and I’ve got to be here. – – Antonio Villaraigosa Pursuant to Indiana’s long-standing rule, a claim of error arising from the denial of a challenge…
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Use of Peremptory Challenges and the Improper Exclusion of Juors
Ending racial discrimination in jury selection can be accomplished only by eliminating peremptory challenges entirely. – – Thurgood Marshall Number of Peremptory Challenges: There’s no such thing as a free lunch and likewise, even the free strike of jurors provided by the use peremptory challenges is not its own costs and problems. However, there will be people…
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The Problem of Juror Bias
“A jury verdict is the quotient of the prejudices of twelve people.” Kenneth Grubb, Attorney Anything I missed? Juror Bias is a difficult problem that must be ferreted out by the trial attorney in almost every trial. Quite honestly, this can not be effectively done without the cooperation of the jury. I will often close my…
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Trials, Lies & Videotapes
“One Picture is Worth a Thousand Words” – 1918 Newspaper Advertisement for the San Antonio Light. Often I look to my own law practice and find inspiration for a topic on trial advocacy. In preparation for an upcoming trial and mediation, I decided that a sprawling case involving boxes of documents, video interviews, audio recordings,…
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