How to Use Jury Selection Questions to Defend Criminal Charges

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  • Опубликовано: 30 июн 2024
  • This video explains how to use jury selection questions to identify biased jurors during the jury selection process when defending criminal charges. Visit www.gustitislaw.com for more information about jury selection questions and tips and the best criminal defense lawyers in Bryan-College Station, TX.
    This video considers how jury selection questions can encourage potential jurors to reveal their true feelings during the jury selection process.
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    This publication and the information included in it are not intended to serve as a substitute for consultation with an attorney. Specific legal issues, concerns and conditions always require the advice of appropriate legal professionals. The use of the Internet for communications with the firm will not establish an attorney-client relationship and messages containing confidential or time-sensitive information should not be sent.
    About This Video:
    In this video, criminal lawyer Stephen Gustitis describes how to use crafted jury selection questions to help identify jurors who may be biased against your theory of defense in a criminal case. Encouraging jurors to reveal their true beliefs during the jury selection process is one of the principal jury selection tips in this video. Steve is a Texas Board Certified Criminal Defense Attorney practicing in Bryan-College Station, Texas. He has more than 28 years of experience in the field of criminal law and criminal defense in Brazos County. His videos cover a range of the best defense tactics and criminal defense strategies, including how to use jury selection questions to identify biased jurors. #juryselection #gustitislaw #trialtactics

Комментарии • 63

  • @thomasbourn9340
    @thomasbourn9340 3 года назад +1

    Thank you for the video, You explain everything in such an easily understandable way. Big fan. Much love.

    • @GustitisLaw
      @GustitisLaw  3 года назад +1

      I appreciate you watching very much!

  • @thomaswelte5017
    @thomaswelte5017 2 года назад

    That dui breathalyzer question is golden imma use it in all future dui trials.

    • @GustitisLaw
      @GustitisLaw  2 года назад

      Thanks for your visit and kind words.

  • @billpollanger9231
    @billpollanger9231 2 года назад

    Could you explain to me why jury nullification choice is not given to the jury? And in NJ the haves of the juries arecalled out loud and in some cases the juries are called and revered o with their just number.

    • @GustitisLaw
      @GustitisLaw  2 года назад

      Because jury nullification asks the jury to not follow the law they took an oath to follow. That’s why you will NEVER get a jury instruction on it. In order to use the concept takes great skill. Only the best defense lawyers know how to do it.

  • @basilgreen4418
    @basilgreen4418 2 года назад

    Question:
    What’s a good way to identify good criminal defense lawyers like yourself, who clearly stand out above the average, ? (I live in NY).
    Is it just googling? Or is there perhaps a directory of some sort where one may more easily identify “4.5 star and above” defense lawyers?

    • @GustitisLaw
      @GustitisLaw  2 года назад

      Personal references are probably the best. Internet reviews are also very informative.

  • @whereisdalilah
    @whereisdalilah Год назад

    I have a trial coming up on a tamper with a judicial officer charge. I am defending myself and really unsure what to ask the jury. Could you give me a good example of a question that I might want to ask the jury? Thank you.

    • @GustitisLaw
      @GustitisLaw  Год назад +1

      No I cannot. Only a person with an intimate knowledge of the facts and the applicable law could do that. But please realize you are not competent to perform this task.

  • @diinisaalah5406
    @diinisaalah5406 Год назад

    Who get to choose the jurors defense all 12? Or the defense and prosecution together? Thanks sir I appreciate you 🙏

    • @GustitisLaw
      @GustitisLaw  Год назад

      Jury selection is actually "deselection." Both sides get to remove a certain number of people. Who's left is the jury.

  • @MrDannydoright
    @MrDannydoright 2 года назад

    Is it against the law to inform a jury of jury nullification during a criminal trial in Colorado?

    • @GustitisLaw
      @GustitisLaw  2 года назад

      I don't practice in Colorado. But in most states, the judge won't let a lawyer explicitly talk about jury nullification. The lawyer would need to talk about it by inference. That's why you need a good one.

  • @ccnationnews5965
    @ccnationnews5965 Год назад

    If I receive a summons for jury duty and I don't show up at the courthouse for jury selection what will happen?

    • @GustitisLaw
      @GustitisLaw  Год назад

      Depending upon the judge, the local sheriff or federal marshal may pay you a visit. I'd go the jury duty if I were you. Good luck.

  • @Zamora9565
    @Zamora9565 4 года назад +2

    My son had a jury trial and is innocent. I brought it to the judges attention that one person was related to the person claiming to be a victim. The court appointed lawyer & Judge & DA refused to remove the juror and selected that person as the jury foreman.we had videos & recordings & texts. The truth of my son’s innocence is there. But the jury sentenced him for 25 yrs. when the person that filed charges is a drug addict.

    • @GustitisLaw
      @GustitisLaw  4 года назад +2

      I appreciate your concern and love for your son. Since the jury ruled against him, the only option left is an appeal. I'm sorry the jury did not see things the way you saw them. In fact, that is a very common scenario. Nevertheless, keep fighting for justice and good luck.

    • @Zamora9565
      @Zamora9565 4 года назад

      Gustitis Law Thank you refer my to a lawyer that practices in police brutality.

    • @GustitisLaw
      @GustitisLaw  4 года назад

      @@Zamora9565 Regretfully, I do not know any lawyers who practice this kind of law.

    • @Zamora9565
      @Zamora9565 4 года назад +1

      Gustitis Law That’s fine I’m going thru lots of pain my son is a victim of the law. He’s some mental disabilities and he’s has been brutally beaten while handcuffed.He lived in a small town in the country,he was interrogated just for walking down the street. He was physically injured by the police. It’s all on videos.But the lawyer that has the videos won’t released them to me.Thats why I’m looking for a good attorney that practice in this area.

  • @cherylmoneiry8302
    @cherylmoneiry8302 Год назад

    I am called for jury duty in June. Who picks the jurors to who will continue to be involved in the court case?

    • @GustitisLaw
      @GustitisLaw  Год назад +1

      Good question. A jury is actually "deselected." That is, the lawyers can remove up to ten potential jurors (in a felony case) and the first remaining 12 are the jurors who decide the case.

    • @cherylmoneiry8302
      @cherylmoneiry8302 Год назад

      @Gustitis Law Thank you so much for explaining that to me.

    • @GustitisLaw
      @GustitisLaw  Год назад

      @@cherylmoneiry8302 of course!

  • @stevieromero3423
    @stevieromero3423 4 года назад

    Can you teach me you break things down to understanding on point

    • @GustitisLaw
      @GustitisLaw  4 года назад

      I’m not sure what you want me to do. Can you please be more specific. Thanks.

  • @chanbruceyang
    @chanbruceyang 4 года назад

    iam looking for an attorney to litigate my case on product liability. can you helps me or refer one . i am in CALIFORNIA

    • @GustitisLaw
      @GustitisLaw  4 года назад

      Regretfully, I don't know any attorneys in California. Have you tried Googling attorneys in that area of expertise?

  • @mcr5645
    @mcr5645 2 года назад

    Now Jurors are randomly selected and they will only be replaced if you know the person/ they might have bias one way or the other.
    Nott even allowed to speak with them, only to ask if they know someone or not.

    • @GustitisLaw
      @GustitisLaw  2 года назад

      Where is this? The entire point of jury selection is to question the potential jurors about potential bias and prejudice.

  • @dayreonmama22
    @dayreonmama22 2 года назад

    Can I be caught at Walmart only once but when I go to court they have multiple cases on me?

  • @timward9828
    @timward9828 2 года назад

    I am defending myself in a domestic assault case where she totally fabricated everything and I need to know what questions I should ask jurors

    • @GustitisLaw
      @GustitisLaw  2 года назад +3

      I have no idea. First, I do not recommend you represent yourself unless you know the criminal laws and procedural laws. Secondly, the fact you asked me this question suggests you are ill equipped to select an impartial jury to decide your case. Lastly, even if you were qualified to select a jury, the questions depend upon your thorough review of the evidence and your factual theory of the case. Do you how to develop a juror for a strike for cause? Do you know how to preserve a Batson challenge for an appeal? These are just a few of the things you must know before you are qualified.

  • @LifeinWV
    @LifeinWV 2 года назад

    Lease keep me in thoughts and prayers if you pray if not please just keep me in your well wishes

  • @LifeinWV
    @LifeinWV 2 года назад

    I wish I could talk to you on the phone I’m in a serious situation I’m on ssdi just got approved 7 months ago. I’m a single dad of 13 yr old daughter and her mother walked off from her she owns 13,000 in child support but they ain’t done nothing to her now I’m accused of Arson x5 felony’s because I tried to stop a small forest fire I had no cell service and thought I could get it out with out having to bother 911 but when I did what all my training I had years ago my luck the wind changed direction and it started to spread very fast I couldn’t stomp it out because I would have been burnt I had on short and low cut shoes no socks I need advice the sheriff keep trying to interview me and would turn recorder off make threats and promises then would turn the recorder back on

    • @GustitisLaw
      @GustitisLaw  2 года назад +1

      If you cannot hire a lawyer to represent you because you lack the funds, the court must appoint one to represent you. That is my recommendation. I'm sorry this is happening but I wish you the best!!

  • @LifeinWV
    @LifeinWV 2 года назад

    I really wish I could talk to you over the phone I’m needing help bad and I’m on ssdi have have a 13 year old daughter I have raised on my own her mother walked away has not paid a dime in child support over 13,000 she owed nothings been done to her. I came across a small brush fire I use to be a firefighter from 96 till my daughter was born in 08 I had no cell signal to call 911 so I tried to do what I could to stop the fire by clearing a spot in the ditch and set a back burn to put the fire out I couldn’t stomp it out I had shorts on and would have got burnt just my luck the wind changed direction and picked up it got super windy out of no where it was a nice day but that evening the winds kicked up even killing power later that evening the fire spread I had to drive up the road to call 911 I also sent a txt msg to one of my best friends that’s still on the dept I knew he was home and off work so I was trying to relay as much as I could to him then he asked how big it was I had to drive a couple miles back down to where the fire was I took a picture to send him he was trying to call me but wasn’t getting through because no service when his msg did come through he said call me I’m trying to call but it’s goig straight to voice mail so I turned around and got to where there was just enough signal to send him a pic then the fire truck showed up they thought it may have spread to a different road I told the Forman this use to be my grandparents property I know it like the back of my hand and it would not be on that road he mentioned so I told him I’d go to the farm we sold and let the owner know and go to the field where you can look over bank to see how far it had gotten it hadn’t got far so I then called Chris and told him I’m at the top it hasn’t made it that far and by that time a different firefighter had done climbed his way up to that ledge they are trying to push for 5 felony counts of arson to brush fire the cop I was honest with him he was red to interview me but he would turn the tape off when i was telling truth and threaten other things said that I had msg on my phone he could arrest me on right there and my mother and girlfriend because my mother had asked me for her sleeping meds I have to help take care of my parents there both older and I help them make sure they get there meds I suffer from extreme depression ptsd anxiety from all the deaths I seen when I was working as a firefighter and worked on ambulance. This sheriff is out to hang me

    • @GustitisLaw
      @GustitisLaw  2 года назад

      If you cannot hire a lawyer to represent you because you lack the funds, the court must appoint one to represent you. That is my recommendation. I'm sorry this is happening but I wish you the best!!

  • @freddykruger5081
    @freddykruger5081 3 года назад +1

    Could someone leave the country and never come back would the law come for the parson just over a robbery

    • @GustitisLaw
      @GustitisLaw  3 года назад +2

      Probably yes.

    • @freddykruger5081
      @freddykruger5081 3 года назад

      @@GustitisLaw I liked that but
      I had gotten into really liking you telling everyone I know to watch you I couldn't believe that you said a governor could not pardon someone when I know for a fact that a governor can do what he chooses he can stop executions I will say this you are truly the smartest lawyer in Texas I may not agree with everything but you know that Bill Clinton's brother was pardoned by Bill Clinton same thing can happen in a state you should run for governor I got mad but I like you but definitely I think a governor can get involved I know not everyone on here is kin to a governor

    • @freddykruger5081
      @freddykruger5081 3 года назад

      @@GustitisLaw One more do you think
      If someone has 47 million dollars
      They could get there kid out of a robbery
      If he didn't know really how much trouble he would be in and an
      IQ of 68 schizophrenia bipolar anxiety depression 12 different medicines

    • @freddykruger5081
      @freddykruger5081 3 года назад

      @@GustitisLaw I don't think they would come to Argentina to get someone i would bet you on that

    • @GustitisLaw
      @GustitisLaw  3 года назад +1

      @@freddykruger5081 You may be totally right!

  • @Memorylanemodelcars2
    @Memorylanemodelcars2 4 месяца назад

    I'm A ProSe Litigant in Idaho going to Jury Trial on Feb 28 2024. Voir Dire Question to Ask Are You Person of Legal Profession ? I Want people with knowledge on Panel. Do you Believe a ProSe Litigant Can Defend A Case Appropriately In Criminal court ? Is Anyone Here Familiar With Asperger's or Ultra High Functioning ? I Want people With knowledge of Autism on the Jury. Is Anyone here Employed With a Employer or Non-Profit whom deals with homeless people ? I Want people in touch With homeless issues on the panel

  • @groggiero2
    @groggiero2 2 года назад

    Guy accuses someone of being a threat outside of sport because he was invited to a fight. What questions expose a bias jury participant?

    • @GustitisLaw
      @GustitisLaw  2 года назад

      The lawyer needs to understand the entire case, including the facts and defensive theories before they decide what to ask prospective jurors. I am not in a position to complete that analysis.

  • @stevenkeller452
    @stevenkeller452 2 года назад

    Cross examine the jurors based on their political beliefs

    • @GustitisLaw
      @GustitisLaw  2 года назад

      Cross examining a potential juror is a very bad idea. You might ask open-ended questions about political beliefs, but make sure the questions are related to the issues in the case or the jurors may resent you and rule against your client because they don't like you.

  • @BILL-vi7vd
    @BILL-vi7vd 4 года назад

    First question is what is peer? Second question is what is a crime ?PLEASE NO COLOR OF LAW ANSWER .

    • @GustitisLaw
      @GustitisLaw  4 года назад +3

      If you are considering a jury of your “peers,” forget it. That is a fallacy. Anyone who is on the jury panel, and who is someone’s “peer,” will get struck for cause or will get peremptorily struck by the prosecutor. The problem is that not enough of our peers show up for jury duty. Usually, only the law enforcement types, the rule followers, show up. Our peers stay at home and mind their own business. A crime is defined by statute. It includes a mental state, mens rea, and an act, actus rea. So endth the lesson.

    • @stevieromero3423
      @stevieromero3423 4 года назад

      I want to learn about motions jury trials and civil rights mainly the 4th and 14th amendments and tort claims thank you very much for your fast reply greatly appreciated

  • @DeanDangerousTDD7
    @DeanDangerousTDD7 Год назад

    Great content on this channel, I sub
    99% of the time,
    don't ever trust that a public deffender is going to actually work for you. He or she works for the system!
    He or she assigned to your case does not work for not you!
    (orruption in the American criminal court system is more common then most people would like to believe. I took a felony case to trial before and the judge in my case,
    ( -Judge- -Gail- -Z- -Bardach- )( -superior- -courtroom#6- -hamilton-county- IN )
    she added a new charge to my case & she did this after both sides finished there final arguements!
    (((So final arguements had allready took place, the trial was over, all that was left,
    was for the judge to read jury instructions. Then obviously the jury exited the court room to deliberate & decide innocent or guilty.)))
    In the process of reading & explainning jury instructions to the jury for jury deliberation.
    She litterately took part of my defense that my lawyer used to prove my innocents and turnt it into a new charge.
    I started the trial facing 2 felonies & by the end of trial, just before the jury was to deliberate.
    I was facing three felonies.
    Every charge that someone faces in a criminal case. Each one has a cause#
    So how is the judge adding a new charge to my case during the jury trial not corruption.
    especially giving the timing of when she decided to add it.
    She added the new charge at the end.
    She added it at a time, when there was no chance for me & my lawer to defend my innocents against it, explainning my side of the situation.
    Her adding the new charge at anytime during the jury trial would have been criminal malpractice but the fact
    that she added a new charge to my case at the end of my trial proceeding. A new charge that had no cause# attached to it. WELL THATS CRIMINAL
    The inntensions of that act by the judge,
    even though probably not PREMEDITATED before the initial trial proceedings started. WAS CRIMINAL
    The intennsions were carefully thought out, it was criminal & unmoral.
    the intennsions were Purpossed & intended towards unjustly & wrongfully convicting a citizen. Her intennsions were purposed & intended towards taking away a innocent citizen's freedom & his right to a fair & unbiased trial hearing to prove his innocents.
    but speaking of PREMEDITATED
    I did find it odd that a bar tender from the very bar that called the law on me in the very case that I was fighting was selected to come in for possible jury duty on my case.
    0utta around 330,000 residents of -hamiltoncounty- whats the odds of that happening?
    (American_Intermediary)
    I Thank God & I THANK MY PEERS, (((the citizens that were on my jury))) because they saw through the judges unjust behavior & her decision to try and trick the jurors. Ultimately finding me to be not guilty of all charges, even the one that she added in at the end of the trial.
    Thankyou also to my paid attorney Lawerence M. Hansen !
    Without him & instead if I would have had to have had a public defender. I would have been forced to admit guilt to crimes that I didnt commit.

    Even though I was not guilty & was found to be not guilty by my peers in that court room sitting on the jury !!!!
    THIS IS CORRUPTION THAT HAS GOT TO BE EXPOSED TO THE PUBLIC !
    IT NEEDS TO BE ADDRESSED by the legal court system !
    ( sealed & withheld from the public , TRANSCRIPTS of the jury trial proceedings )
    This is an example of corruption that can be proven through evidence. Evidence thats being held and unlawfully seized from the publics view at the -Hamilton County- IN. Court House.
    ( sealed & withheld from the puclic , TRANSCRIPTS of the jury trial proceedings )
    ( -judge- -gail- -z- -bardach- -superior- -courtroom#6- -HamiltonCounty- IN. ) She has recently retired from being a judge.
    this comment is off topic but just wanted to share it.
    ( -judge- -gail- -z- -bardach- -superior- -courtroom#6- -HamiltonCounty- IN. ) she has recently retired
    ( 7/1/2022 ) from being a judge.
    -judge- -gail- -z- -bardach- gave a interview to the
    The -Noblesville- -Times- on june 22 2022
    This is a quote that she gave in that interview
    & I quote
    "Another thing that has been especially rewarding has been conducting jury trials,
    I love interacting with people & letting them see how the system really works.
    Jurors often tell me, after our trials, what a positive and educational experience their jury duty has been."
    End quote

    • @GustitisLaw
      @GustitisLaw  Год назад +1

      Thanks for your visit and insightful comment!

    • @DeanDangerousTDD7
      @DeanDangerousTDD7 Год назад

      @@GustitisLaw Thankyou for reading my comment.

    • @GustitisLaw
      @GustitisLaw  Год назад +1

      @@DeanDangerousTDD7 Well, of course. I read every comment and answer the best I can. Thanks again for visiting.

    • @DeanDangerousTDD7
      @DeanDangerousTDD7 Год назад

      @@GustitisLaw Thankyou , Have you ever heard of a judge adding a new charge to a case during jury trial while explainning jury instructions after closing arguements have allready been made?
      My charges were possesion of a controlled substance & theft.
      ( This arrest took place in my driveway but the supposed crime took place at a bar )
      The new charge that she added was a charge regarding the the theft but was a separate charge for the jury to decide on. The new charge,
      while even though I can't remember the name that she used for it I do remember her describing it to the jury.
      & the way that she described it was that.
      Even if the defendant was playing
      ( like the woman testified in court said he was )
      and was planning on giving back what he had took. The act of taking the property, that was the new charge and was separate from the theft charge for them to deliberate on.
      My lawer at the time said that he had never seen nor heard of a judge doing this before.
      His name is Lawerence M. Hansen
      & he is out of the Hansen Law Firm in Noblesville Indiana. 46060

    • @GustitisLaw
      @GustitisLaw  Год назад +1

      @@DeanDangerousTDD7 Since a person is entitled to notice of charges before being put to trial, I doubt the judge added a new charge of which you had no notice. That clearly is a Due Process violation and any 1st year law student would know that.