April 16, 2024
IMS Jury Consultant Jennifer Cuculich, JD recently discussed the complexities of jury selection in the historic criminal trial involving former President Trump with Steve Scott, news anchor at WCBS Newsradio 880 in New York. During the interview, Jennifer analyzed the juror questionnaire, anticipated voir dire strategies for both the prosecution and defense, and offered insights on the feasibility of achieving a fair trial.
Asked about the challenge of assembling an impartial jury given the current state of political polarization, Jennifer acknowledged that while it is attainable, "…it's going to take a long time, and it's going to take a great deal of effort on the part of the judge, the attorneys in the case, and all of the jurors who have been called for service this week."
When discussing voir dire, Jennifer highlighted the importance of "rooting out" jurors who may be too politically entrenched to consider the evidence objectively. She stated, "Yes, it's a high-profile defendant, but what we [jury consultants] ask jurors to do is set aside their life experiences and biases and look at this defendant in this case."
Cuculich also noted the judge's proactive approach to gauging jurors' initial impartiality through a neutral case statement, streamlining the dismissal process for those who self-identify as unable to maintain impartiality. Furthermore, she underscored the necessity for both sides to detect "sleeper" or "stealth" jurors, whom she defined as individuals potentially harboring ulterior motives or seeking to exploit the trial for political activism.
For the complete interview, listeners can access the audio recording here.
