Simple Rules for Better Jury Selection [Updated]

An evolving list:

Rule Zero

  1. The Nike Rule.
  2. The First Blind Date Rule.
  3. The Shrek Rule.
  4. The 90/10 Rule.
  5. MacCarthy’s Bar Rule.
  6. Improv Rule I.
  7. Improv Rule II.
  8. The Shrink Rule.
  9. The Beer Pong Rule.
  10. The Marathon Rule.
  11. The Playing Doctor Rule.
  12. The Field Trip Rule.
  13. The Undertow Rule.
  14. The Atticus Finch Rule.
  15. The Bat Rule.
  16. The Herd Rule.

More detail in posts to come.

[If you have ideas for better names for some of the rules (especially Improv Rule I), drop me a line.]

14 Comments

  1. How about:
    The Speed Dating Rule.
    The Dark-at-the-Foot-of-the-Stairs Rule.
    The Would-You-Ever-Convict-on-Mere-Evidene? Rule.
    The Fair Fight Rule.

    [It’s not a blog, it’s a book your’e growing here …]

  2. Remy,

    My aim is a batch of simple, memorable rules, any one of which can stand alone to make a person a little bit better at jury selection. If some prosecutors learn from them too, that’s okay with me.

    Dr. SunWolf,

    I wonder if your Speed Dating rule is anything like my First Date rule. Clearly you’ve given this a lot more thought than I have. I’ll have to order your book.

  3. How about the Sheep/Ram rule?
    (People tend to either go along, or to lead. Prosecutors want 11 sheep and 1 ram. The more rams, the more likely a hung jury.)

    I got this one from Paul Womack so it MUST be true…

  4. Mark:

    What about the Gerry Spence “I’m so scared” rule, i.e., tell the jurors about your personal fears.

    I used to think this was good stuff. But, I have never gotten past a feeling that it was kind of contrived.

    So, I don’t do it anymore. Instead, I just try and ask a whole lot of questions and listen very well. Kind of like your “blind date” rule.

    Thanks much. This is good stuff.

    Tom French

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