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A look at what impact's a jury's mindset
PHOENIX - The process of picking a jury is called "voir dire" – French for "speak the truth."
It’s a way of predicting what each juror will do before they do it, but anytime you deal with people, things can get a little tricky.
A jury of your peers is made up of 12 men and women. They're ordinary citizens making extraordinary decisions.
Welcome to the legal system in America.
"The best case scenario is that I am going to try a case, and I'm going to have a jury who can relate to my client," said Russell Richelsoph, a trial attorney in Arizona.
Jurors can make quick decisions based on first impressions, like the appearance of a lawyer or defendant.
"Is there motivation to get on the jury? For whatever is, if they have a philosophical cornerstone that they want to get out there, they will moderate their views in front of the judge, in front of the council, so they make sure that they get on a jury," explained Mark Fierro, a jury consultant.
Fierro worked as an advisor for Dr. Conrad Murray's defense attorneys when the doctor faced charges for Michael Jackson's involuntary manslaughter.
He says small things like how someone looks at another person can impact a juror's opinion.
"I like that guy, he makes sense. I like the way that he talks to the judge. I like the way that he looks at the jury. Those decisions are made in the first 10 or 15 minutes," Fierro said.
Richelsoph says jurors will try to connect the dots.
"They’re not wondering, ‘Did he do it? Is he guilty?’ They’re asking themselves, ‘I wonder what he did?’" he said.
Also, evidence is important, but so are prejudices and emotions. Make sure the facts fit a story.
"You have to tell a story that explains those facts and wins over the jury's emotions. You have to win them over emotionally," Richelsoph said.
Plus, strong personalities can sway an entire group.
Fierro has studied juries for decades.
"It’s not always the square-jawed guy. Sometimes, it’s a young woman who says, ‘I don’t understand why they think that they can get away with this.’ Us and everybody turns and looks at her and says, ‘Let’s hear it,’" he said.
In the end, both experts believe the jury system isn’t perfect, but still better than all the rest.
"Maybe they want to try out jury duty. But I think at the end of the day when somebody does get selected for jury duty, they really want to do a good job," Fierro said. "We’re not supposed to agree. We’re supposed to do it with the smart people from this side. The smart people from this are supposed to mash it up and that debate is what begins the correct answer."
The general rule of thumb is that a quick verdict favors the prosecution. A slow decision favors the defense.
In both Donald Trump's and Chad Daybell's cases, that turned out to be true.