Jury Profiling

In designing your jury, it is important to keep in mind that there is no rigid classification which should control jury selection. Rather, picking the right jury is premised on asking probing and open-ended questions in a friendly and conversational manner. However, there are some guidelines concerning juror types that you should keep in mind, including the following:

(a) Strong personality types – a potential leader. Conventional wisdom is to let him/her go unless you are sure the prospective juror will be supportive of your case.
(b) The loner – generally problematic. People who consider themselves outsiders are more likely to depart from the group’s decision.
(c) Precision oriented professions – Engineers, accountants, architects, and lab technicians tend to be precision oriented. As such, they may demand a standard of proof higher than preponderance of the evidence which is bad for plaintiffs and good for defendants.
(d) Sympathy professions – Child care workers, special education teachers, social workers and other similar professions may be empathetic and therefore more prone to sympathy.
(e) Risk takers – Like stunt professionals, some jobs force workers to face or risk danger. These types of employees may be less sympathetic to personal injury than those in low-risk jobs.
(f) Feelers versus reasoners – Feelers obviously may be swayed by sympathy more so than reasoners.
(g) Sensitive or insensitive – Sensitive personality may fall sway to sympathy more easily than the insensitive individual.
(h) Reclusive or sociable – The reclusive may be less likely to participate in jury discussions or have much impact.
(i) Pessimist v. optimist - The pessimist may expect a higher burden of proof and anathema regarding damages. Of note, the optimist may in fact be helpful to the defense on damages, i.e. making the best of a bad situation.
(j) Cynic – The cynic may be tough for both sides.
(k) Tort reformers – Death knell to plaintiffs.
(l) Juror as party
(m) Same occupation as party
(n) Homeowner v. renter – Homeowners may tend to be more defense minded.
(o) Management v. employee – Managers may tend to be more defense minded.
(p) Union affiliation – Particularly relevant where the plaintiff has union affiliation
(q) Professionals including physicians, dentists, engineers, architects, and financial services – Generally good for the defense.
(r) Marital status