9 Things Lawyers Look for When Picking a Jury

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At some point in your adult life, chances are good you’ll be called to serve jury duty. But the odds that you’ll actually sit on a trial are much lower. What, exactly, makes an ideal juror? What are lawyers on both sides of a case looking for in a lineup of random people? The answer, of course, depends on the case itself. But there are a few general traits attorneys take into consideration when trying to decide whether you’d help or hurt their argument. 

Attorneys don’t get to pick their jurors. Instead, using a mixture of intense questioning, keen observation, and stereotyping, they get to eliminate people they think would hurt their case. “It’s not like a baseball team where you can choose your team members,” says Jeffrey Frederick, Director of Jury Research Services at the National Legal Research Group and author of Mastering Voir Dire and Jury Selection. “It’s not who I want, it’s who I don’t want. What we try to do is think of what backgrounds, life experiences, cognitive styles, opinions, and values jurors might have that would make them less receptive to our case.” Clues like demographics and personality can improve a lawyer’s chance of predicting a juror’s stance on a verdict by up to 15 percent. Here are a few things lawyers take into consideration when trying to figure you out. 

1. YOUR RELATIONSHIPS

Attorneys pay close attention to any relationships that might color your opinions. For example, “if it’s a medical malpractice case and there’s a woman and all of her friends are nurses, that might bias her a little bit,” says Matthew Ferrara, Ph.D, a trial consultant and forensic psychologist. And if you have friends or family in law enforcement, that’s a big red flag. “In a criminal case, relationship to someone in law enforcement is paramount,” Ferrara says. “People who are probation officers, police officers, jailers or are related to the same type of profession would be probably viewed as biased toward the prosecution.”

2. YOUR EXPERIENCE WITH THE LAW

Even if you aren’t directly related to a police officer or member of the judicial system, you can still have opinions about law enforcement rooted in your own personal experiences. Perhaps you feel you were unfairly ticketed for speeding, or you’ve been the victim of police profiling. This is all very important, because research shows that when juries deliberate, they spend 50 percent of their time talking about their own personal experiences as a way of judging the case. To sniff out bias, lawyers will ask jurors if they agree with statements like, “If someone is charged, they’re probably guilty,” or “Laws do more to protect the rights of criminal defendants and too little for victims and families,” or “Would you believe the testimony of a police officer based solely on his position as an officer?” 

The defense is going to look for people who are more open-minded about the law, and don’t always believe that it makes the right call. The plaintiff attorney or prosecutor will generally look for people more inclined to trust authority. 

One quick way to get dismissed from a jury, according to Tom King, a former Deputy Prosecutor in Indiana, is to voice strong opinions about the legal system: “Say, ‘I’ve read about these criminal prosecutions where the police and the prosecutors made up evidence and I just don’t think it’s a fair system.’” 

3. YOUR INTERNET FOOTPRINT

Your public activity on various social media accounts like Facebook, Twitter, and LinkedIn are fair game. Have you been sharing or commenting on any relevant news articles? Did you recently write an opinionated Letter To The Editor? Do you belong to a particular group on Facebook? All of that could show a sign of bias. “In some cases it turns out political party affiliation is relevant and if that’s the case, then you start looking at political websites, Facebook pages, campaign contributions, all kinds of things that might indicate a political orientation,” Frederick says. 

4. YOUR RELIGION

One common question presented to jurors is, “Are there any religious beliefs that prevent you from passing judgment on another person?” Frederick says this is to weed out people whose faith might impede their ability to view a case objectively. 

5. YOUR ATTITUDE

If you come into jury duty with an air of positivity, you increase your chances of staying on as a juror. “If they’re ticked off, I don’t wanna take that chance because that could be transferred to my case,” says King. Indeed, research shows that if you don’t vibe well with an attorney, you’re more likely to decide against their argument. “One attorney told me, 'If I can tell they don’t like me, I get rid of them,’” King says. 

6. YOUR LEADERSHIP SKILLS (Or lack thereof)

Leaders, contrarians, and independent thinkers can be pivotal in a verdict. These people have the potential to rally the rest of the group behind a unanimous decision, which is great for the plaintiff or the prosecutor. But they also won’t be afraid to disagree with everyone else, resulting in a hung jury, which is great for the defense. “With the prosecution, you wanna see a group that can work together,” Frederick says. “As the defense you are willing to have people on there who will have a problem working together.” Lawyers want to identify the leaders quickly and decide if they’ll work for or against their case. “If you’re the leader and they don’t think you’re on their side, they’ll eliminate you immediately,” Ferrara says. Attorneys will look for leadership positions in your history, and take note of how assertive you are during the questioning process. “Do they tend to speak up in a group or not?” asks Frederick. “I’ve heard people correct us attorneys, and you go, ‘that’s pretty assertive.’”

7. YOUR CLOTHES

While clothing alone usually isn’t enough to get you dismissed, lawyers can make superficial judgments about your character based on your wardrobe. This even includes your shoes. According to the Synchronics Group Trial Consultants, a “nurturing, open, receptive and generous person” will likely wear casual shoes “with plenty of room for the toes, because these people don't want to be hemmed in. No pointy tips. The heels will be low, because open people want to be able to move around easily. No stilettos. Sandals, sports and walking shoes are more likely to fit this person's style than compact, tight dress shoes.” On the contrary, the Synchronics Group says, uptight and cautious jurors will wear more formal and well-maintained shoes. Generally, “if you wanna make it on a jury,” says Ferrara, “then dress conservatively and in an non-flashy manor.” 

8. YOUR HAIR

Open and receptive jurors, according to the Synchronics Group Trial Consultants, will have hair that is “casual and naturally flowing, rather than highly styled or gelled or plastered to the head … Beards and mustaches will be natural looking, rather than designed and sculpted.” The old adage says you can’t judge a book by its cover, but attorneys will certainly try. 

9. YOUR BODY LANGUAGE

Non-verbal behavior can say a lot about what you’re thinking. “We’re not mind readers,” says Frederick, “but you can see behaviors indicating they are really not receptive to you at all, or they’re very receptive to you, and you pay attention to that.” For example, according to the Synchronics Group Trial Consultants, open and receptive people “will be sitting in open postures, i.e., with their hands on the chair arm instead of folded across their stomach.” Lawyers will observe jurors’ faces for telling reactions while the judge reads the charges aloud. Some will “look over at the defense like they have daggers in their eyes,” Frederick says. “Or they may look over somewhat sympathetic.” 

According to Trial Consulting Firm DecisionQuest, “Non-verbal behavior is only one clue as to how someone might be feeling at any given moment, not an indicator of basic attitudes or biases.” Like clothing choice and hairstyle, body language is only part of the puzzle. Still, King says, “there were times when, as soon as the jury was seated and all the other people were gone, I would look up and I would just know.”

law

36 Unusual Units of Measurement

When it comes to measurement, we have a lot of words that mean a bunch of stuff or a bit of something, but many of those terms have actual, specific meanings.

Let's learn about a whole barrel full of them.

1. A barrel changes depending on what's in it.

Many barrels stacked on a dock with the water in the background
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When you're talking about oil, a barrel is exactly 42 gallons. For beer, a barrel is 31.5 gallons. For dry goods, it's 105 dry quarts. That last one was defined by Congress in 1915.

2. A dash is part of a teaspoon.

Multicolored measuring spoons
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Then there's the dash, as in, "just a dash of salt," which is between 1/16 and 1/8 of a teaspoon.

3. A pinch is part of a dash.

Chef putting pinch of salt on food
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A pinch is half a dash, or 1/16 of a teaspoon.

4. A Smidgen is a real thing.

Black peppercorns in a measuring spoon
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It's a half of a pinch, or 1/32 of a teaspoon.

5. Pats of butter are 1/3 of an ounce.

Pat of butter on corn
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Butter is packaged at 48 pats per pound, which means that each pat is 1/3 of an ounce or 1 tablespoon.

6. A drop is 1/480 of a fluid ounce.

A dropper releases a drop into a brown vial
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Okay, to be more specific, it's .05 milliliters, which you probably already knew if you're a pharmacist.

7. Australians used to measure rain by points.

Flooded street with splashing cars
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We don't measure rain by drops, but in Australia, they used to measure rain by points. A point was .254 milliliters, so you might say, "We got a hundred points of rain last night!," which sounds like a lot, but isn't.

8. The Jiffy is about 10 milliseconds.

Computer circuit board
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The jiffy is a unit of time used in computer engineering that has to do with a computer's clock cycle. It's about 10 milliseconds. It means something even faster in physics, where a jiffy is a unit of measurement for the time it takes for light to travel a distance the size of a nucleus.

9. A Shake is 10 nanoseconds.

Nuclear power plant
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Physicists also have the shake, which is used to measure nuclear reactions. A shake takes 10 nanoseconds, or 10 billionths of a second, so the next time you go somewhere for the weekend, you can tell friends you'll be gone for 17,280,000,000,000 shakes.

10. A hogshead was 63 gallons.

Black and white engraving of three men opening a hogshead barrel
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Specifically, 63 gallons of wine. It's a term dating back to at least the 15th century, and it might be a corruption of the term hog's hide, which might make clearer sense for referring to a wine container, but we really don't know how the word came about. The casks are also repurposed to mature whiskey.

11. You can have a double hogshead ...

Port pipe barrels
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It's called a port pipe, and it holds about 145 gallons.

12. ... or a butt.

Man pouring wine out of a barrel
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A butt holds about 132 gallons, so when someone tells you that they drank a buttload last night, they are either lying or dead.

13. Megadeath is a unit of atomic bomb destruction.

Atomic explosion
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Megade(a)th is not just the third-greatest heavy metal band of all time. It's also a terrifying unit of measurement. It was coined in the '50s as a unit of atom bomb destruction. One megadeath is equal to one million deaths.

14. A micromort measures the probability of death.

Woman holding a cigarette
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On the other end of things, we've got the micromort, a unit for measuring the statistical probability of death. One micromort is a one-in-a-million chance of death. So, smoking 1.4 cigarettes, or spending an hour in a coal mine increases your risk of death by precisely one micromort. Going skydiving? Seven micromorts. They're the coolest thing—and also the only cool thing—ever invented by actuaries.

15. manpower is about 1/10th as powerful as horsepower.

Close up of three horse heads looking to the left
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So you've heard of horsepower, but did you know there's also a measurable unit of manpower? It was worked out to somewhere between 1/8 and a 1/10 of a unit of horsepower. Horsepower was based on the fact that the average brewery horse could move something weighing 330 pounds 100 feet in one minute, stop, and repeat for eight hours. And it would take about eight to 10 men to do the same, so your Camaro might have a 300 horsepower engine, but my Chevy Volt has like a 2000 manpower engine.

16. A Darwin is, naturally, a unit of measuring evolution.

Statue of Charles Darwin
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We also measure things using the names of famous people. A Darwin, for instance, is a special ratio for measuring the rate of evolution. Evolution happening at the rate of one Darwin would change something by a factor of about 2.7 over a million years.

17. A Gal measures gravitational acceleration.

Milky Way over a mountain
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A Galileo or Gal is a unit of measurement used by physicists to talk about gravitational acceleration, but because there's only about a seven Galileo difference between the lowest and highest possible measurements on Earth, calculations are usually done in milli-Galileos.

18. Movements of your computer mouse are measured in Mickeys.

Woman holding computer mouse
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There's another guy you might have heard of who gave his name to a unit of measurement having to do with your computer mouse. The smallest detectable movement of a computer mouse—somewhere around 1/10 of a millimeter—is called a Mickey.

19. A Half-million twitter followers is a wheaton.

Woman smiling at smartphone
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After half a million people followed Wil Wheaton on Twitter, John Kovalic dubbed that number a Wheaton. The beloved actor and brewmaster got to about six Wheatons on the social site before deactivating his account in 2018.

20. The Length of a Beard-SEcond is in dispute.

A redheaded man with a big beard gestures a size with his fingers
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Speaking of great men with facial hair, a beard-second is the average length a man's beard grows in one second, but beard growth experts disagree on what that length actually is. Some say it's 10 nanometers. Some say it's five. Some say, "I can't believe that we're spending our time talking about this."

21. A millihelen is 1/1000th of one helen of troy.

Ships on a blue sea
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Helen of Troy's magnificent mug is said to have launched a thousand ships, but what if there's just one ship that needs help getting out of port? Then, you need a millihelen, the amount of beauty required to launch a single ship.

22. A barleycorn is 1/3 of an inch.

Barley on a wooden table
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A few hundred years ago in England, small objects were measured in barleycorns, as in grains of barley. A barleycorn was a third of an inch, which means it's barley there at all.

23. A poppyseed is even smaller.

Poppyseed rolls
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If you needed something smaller than that, you could measure by poppyseeds, defined as either 1/4 or 1/5 of a barleycorn. In fact, grain is the basis of our whole system of terms for measuring weight.

24. A pound was 5400 or 6750 grains.

Pound weight
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The Roman forerunner to the pound was the libra, which is why the lb. abbreviation stuck. Medieval England takes credit for using a pound (5400 grains) to measure metals and a mercantile pound (6750 grains) for goods.

25. A Bushel changes depending on the foodstuff.

Bushel of apples
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The USDA has assigned individual bushel measurements to different things we grow in the ground. A bushel of corn is 56 pounds, while a bushel of oats is 32 pounds.

26. A Span is 9 inches.

Six different arms outstretched
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A span isn't just a vague term for how long something is, like a bridge or wings or the length of time you can pay attention to something. It originally meant a distance of about 9 inches, or the width of a man's hand with the fingers out.

27. A Hand is now 4 inches.

Man's hands on horse
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Besides the span, we also have the hand, now mostly used for measuring horse height. It's the width of your hand with the fingers closed. But these days, it just means 4 inches no matter how gigantic your hands are.

28. A Finger is the width of your finger.

Pouring a cocktail
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Noah Webster measured the breadth of a finger and nailed it down as 3/4 of an inch, but finger has been used a lot as a unit of measurement. Thus, it's not always clear whether we're talking about the width of the finger, like when your bartender pours you two fingers of booze.

29. A Finger can also be 4.5 inches of cloth.

Fabric rolls
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This unit uses the length of a finger as the basis.

30. A Nail is 1/16 of a yard.

Woman cutting fabric
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A nail of cloth, which is based on the length of your finger from the nail to the second joint, is half a finger, or 2.25 inches. That's also 1/16 of a yard.

So, there you have it. There are about seven barleycorns in a nail, two nails in a finger, four fingers on your hand, and three hands in a foot.

31. A Centipawn measures the value of chess positions.

A hand moves a black pawn forward on a chess board
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And now let us discuss centipawns. Chess computer programs can evaluate the value of a particular piece or position in terms of hundredths of a pawn, or centipawns.

32. A Frigorie is a Calorie's nemesis.

Woman putting food container in the fridge
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You've heard of the boring old calorie, a unit that measures energy that produces heat. A Big Mac, for instance, has 550 of them. But, what about the energy to cool something? That unit of refrigeration is called a frigorie, which fell out of use in the 1970s.

33. An Oxgang is about 15 acres.

Green fields with cows
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Also lost to history is the oxgang, a unit for measuring the area of land approximately equivalent to 15 acres—or the amount of land that a farmer could plow with an ox in one season.

34. An Olf is a unit of odor.

Cat nose
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Luckily, we've still got the melodious olf. Olfs are used for measuring the air quality of indoor spaces, like offices. One olf is basically the amount of odor of one standard person. So, what's a standard person? The olf standard is a person with a skin area of 1.8 square meters, who bathes 0.7 times per day, and is seated comfortably in a comfortable temperature. If the person becomes slightly active, it rises to 5 olfs. A heavy smoker gives off 25 olfs while smoking and six while not.

35. A QuasiHemidemisemiquaver is a unit of brief musical time.

Girl's hands playing piano
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Also known as the 128th note, it lasts for 1/128 of a note. Nice how that works. Beethoven and Bach were fans.

36. You can cut the Quasihemidemisemiquaver in half.

The great news about music is that you can always go smaller: a demisemihemidemisemiquaver is a 256th note, and it's been used in works by Beethoven and Mozart. 

In this episode, John Green explains some offbeat units of measurement. You'll be measuring things by fingers in a jiffy.

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8 Things That Happened on Leap Day

On Leap Day in 1692, the first warrants were issued in the Salem Witch Trials.
On Leap Day in 1692, the first warrants were issued in the Salem Witch Trials.
Wikimedia Commons // Public Domain

Since Leap Day comes just once every four years, events that happen on February 29 are somewhat rare. Check out these eight events that are extra memorable thanks to their timing.

1. On Leap Day in 1940, Hattie McDaniel won an Academy Award.

Actress Hattie McDaniel took home an Oscar for Best Supporting Actress at the 1940 Academy Awards for her role as Mammy in Gone with the Wind. The win made her the first African American to receive the award.

2. Buddy Holly’s lost glasses were found on Leap Day in 1959.

Buddy Holly in his signature glasses
Buddy Holly in his signature glasses.
Wikimedia Commons // Public Domain

The singer's famous glasses disappeared for more than two decades after he died in a plane crash near Clear Lake, Iowa, in 1959. Holly’s trademark frames, along with the Big Bopper’s watch, were thrown clear of the plane wreckage. The items remained buried in the snow until the spring thaw, when they were turned over to the County Sheriff’s office and filed away in a sealed manila envelope, where they were forgotten. The envelope was rediscovered in 1980 by County Sheriff Jerry Allen, who came across it while looking for old court records. The discovery was announced on February 29, 1980. The glasses were returned to Holly’s widow, Maria Elena.

3. The Henriksen siblings—all of them—were born on Leap Day.

On February 29, 1960, Heidi Henriksen was born. Her brother, Olav, joined the family exactly four years later. And in 1968, to the day, Leif-Martin Henriksen entered the world. The Norwegian siblings held the Guinness record for most babies born on a Leap Day until 2012, when the Estes family from Utah tied them: Xavier Estes was born on February 29, 2004; Remington Estes in 2008; and Jade Estes in 2012.

4. Davy Jones died on Leap Day in 2012.

In 2012, the Monkee passed away after suffering a heart attack. He was just 66, leaving many fans in shock at his unexpected death.

5. Hank Aaron became the highest-paid Major League Baseball Player on Leap Day.

A $200,000-a-year contract might seem like peanuts for a MLB player today, but by 1972 standards, it was a big deal. So big, in fact, that the three-year contract Aaron inked to play for the Atlanta Braves made him the highest paid baseball player in the league.

6. The future Pope John Paul II was nearly killed on Leap Day.

Pope John Paul II riding in the Popemobile
Pope John Paul II riding in the Popemobile in 2004.

Back when he was just 24-year-old Karol Wojtyla, Pope John Paul II was walking home when a German army truck hit him and left him on the road for dead. The driver of a lumber truck picked him up and took him to the hospital, where Wojtyla remained unconscious for nine hours. It’s said that the incident inspired him to switch to a spiritual career path.

7. Family Circus debuted on Leap Day in 1960.

On February 29, 1960, Bil Keane’s long-running comic strip debuted as The Family Circle. Inspired by Keane’s own wife and children, Family Circus is now drawn by Keane’s youngest son, Jeff—the inspiration for “Jeffy” in the comic strip.

8. The first warrants were issued in the Salem Witch Trials on Leap Day.

Salem residents Sarah Good, Sarah Osborne, and Tituba were accused of witchcraft on February 29, 1692. After refusing to confess, Good was hanged and Osborne died in prison; Tituba, a slave, admitted to her supposed crimes and was released from jail a year later.

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