What are the themes that you develop during the voire dire phase of the case ?
A I always try to have every prospective juror expressly promise me that they will be fair and impartial. I even ask them to say the words “Not Guilty”for me, to make sure they won’t be afraid to stand up and look the prosecutor in the eyes when they say those two words at the end of the case. I urge the prospective jurors to reject speculation and suspicion. Their verdict must be based on facts proven in the court room during the trial – – even if I do nothing during the trial. I remind the jurors that the mere fact that a Grand Jury has returned an indictment and we are having a trial does nor mean that the defendant is probably guilty. I stress this point with each of them, and asks each of them to assure me that they accept that proposition. I also talk about the awesome machinery of the state, and the importance of protecting the individual, like the story of David and Goliath in the Old Testament.
