Jury selection is about far more than finding and striking “bad” jurors. You should have several concerns when making strikes during jury selection.
Don’t be fooled by the defense strategies as they have an entirely different end game. They doesn’t need to win your whole jury; they just need one holdout. But plaintiffs don’t have that luxury. You need consensus.
That means jury selection isn’t just about removing bad jurors. It’s also about:
* Identifying leaders. A juror who says “I think companies should be held accountable” is helpful, but is that something you had to pull out of a quiet juror or is that coming from someone who is more outspoken and has a presence in the room? Do other jurors on the panel nod along? Which jurors are opening doors for others, helping to keep other jurors on schedule, coming into jury selection dressed up? Beware, however, that a loud but obnoxious juror is rarely a leader; they are a liability.
* Group dynamics. Find jurors who will work together as a group, particularly when there are a few strong personalities. If you have two leaders who will butt heads, you could end up with a hung jury and will lose cohesiveness. Look for jurors who are already forming a bond. When you’re doing side bars, who is talking with whom? Which jurors are keeping to themselves and refusing to become part of a group? Who do jurors talk with at breaks in the hallways?
* Identifying good jurors. While the main purpose (usually) is to find bad jurors, you also want to identify good jurors who will fight for you, rather than simply being neutral. While you can’t actively choose to keep someone, knowing who is good for you can play into your strike strategy. Sometimes, it’s better to leave a couple of somewhat bad jurors on the panel if you think you are able to save a couple of really good jurors. You would likely get a better outcome with 2 “A” jurors, a few “C” jurors, and one “D” juror than you would with all “C” jurors depending on leadership qualities. Do not leave bad leaders on the panel even if it means keeping a good juror.
If you are focusing only on bad jurors and failing to consider group dynamics and strike order/strategy, you’re missing half of jury selection.
jurorproof 