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Jury Selection In Criminal Defense Cases In Los Angeles

Posted by Ronald D. Hedding, ESQ. | Sep 12, 2018

With over 200 jury trials under my belt over the past 25 years, I understand the critical role of jury selection in a defense strategy. The evolving rules and strategies in Los Angeles have necessitated a tailored approach to jury selection, a task I take on with unwavering seriousness and dedication.

I remember way back in the day when a lot of the judges would not let the criminal defense attorney or prosecutor ask any questions during the jury selection, so it was just the judge asking the questions, and a lot of times, the prosecutors could approach the judge and said listen, can you ask this question? Can you ask that question? You'd have to explain to the judge why that was important in selecting a jury. So, the bottom line is that it has changed. Now, the criminal defense attorney and the prosecutor both get to ask questions, but back in the day, you would have a jury where you had no idea what these individuals were going to do.

As a defense attorney, I wanted to ensure that we had fair-minded people. So, I'd try to get into questions or have the judge ask questions – and I still do that to this day – that ask, if you had to vote right now, would you find the person guilty or would you find them innocent? I'm telling you right now, there are many jurors who raise their hands and say they would find the person guilty. Really, the reason they're saying that is because where else would someone else be here going to trial? Why else would the prosecutors file a case against them? Why else would the police arrest them?

But that's not right. That's different from how the system works. The bottom line is that there is a presumption of innocence, and before the trial begins, the person is presumed innocent. So, if you had to vote right now, you would have to vote not guilty. So, you teach the jurors how things are supposed to work. You teach them what the law in the case is, and you teach them exactly the right way to handle a criminal case. It's crucial. So, if you're thinking about jury selection for your criminal case, you really have to get in with an attorney who has been down the road before and knows how to select a jury.

When conducting jury selection, another crucial aspect is understanding your case, which will dictate some of the questions you ask. If it's a gun case, you're going to want to know what people's gun beliefs are. In other words, do they hate guns? Do they think there should be no guns? Do they love guns? Then, you must compare this to your case and decide on the type of juror you want. You must be vigilant for jurors who already believe people are guilty and are predisposed to find them guilty, regardless of the evidence. This understanding of juror biases is vital from a criminal defense standpoint, and it's information you need to be armed with.

I'll tell you another thing. The prosecutors are looking for very sympathetic jurors who dislike seeing people punished and don't believe it is right to judge others. The prosecutors are going to attempt to dismiss those jurors, so several key components are involved in selecting a jury in Los Angeles County. Some challenges can arise from the cause. If you can show that the juror is biased in some way – the defense or the prosecution – you can get rid of that particular juror. You don't even have to waste a peremptory challenge, which is basically a free challenge to get rid of any juror that you want for just about any reason, as long as you're not giving a biased reason. You have to be careful of that as well because either side can object to what's called a Wheeler challenge. Basically, that's a case that says you can't be knocking people out because of their race or their religion. You can't knock people out just because they are a man or a woman. You must judge people fairly. So, if you see a prosecutor knocking out all the Asian jurors, you know there's a problem there, and you can do a Wheeler challenge.

There are several components to selecting a jury, including determining which jurors to retain and which to exclude. I prefer to obtain my client's input on this matter. Yes, when it comes to jury selection, I will be the final decision-maker, but I will involve my client in the process. I'm going to hear what they have to say, too, because it's their future on the line. It's their freedom on the line. It's their reputation on the line. It's their rights on the line. They need to have a say in who is selected as a juror for their case.

If you have concerns about jury selection, rest assured that I have extensive experience in this area. Over the years, I've been involved in numerous jury trials and have developed a keen understanding of the process. In some cases, we even consult with jury selection experts to ensure we're making the best decisions. Regardless of the case or the client's financial situation, we are committed to doing everything possible to select the right jury, as they are the ones who will ultimately decide the fate of the criminal defendant in Los Angeles.

About the Author

Ronald D. Hedding, ESQ.
Ronald D. Hedding, ESQ.

Ronald D. Hedding, Esq., is the founding member of the Hedding Law Firm. Mr. Hedding has an extensive well-rounded legal background in the area of Criminal Law. He has worked for the District Attorney's Office, a Superior Court Judge, and as the guiding force behind the Hedding Law Firm. His multi-faceted experience sets Mr. Hedding apart and puts him in an elite group of the best Criminal Defense Attorneys in Southern California.

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