Jury Selection in : Mlsidentiflcaticn Cases L) LL X

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Jury Selection In

Mlsidentiflcaticn Cases

^l)ll

X/

General considerations

a. What Is your theory of the case


i. MIsldentlflcatlon or suggested Identification
II, Alibi theory or are there witnesses to testify for the defendant
b. Can or will the defendant testify
i.

Prior record?

il. Other witnesses to testify and corroborate Client's story


III. Client's demeanor, appearance, ability to speak and be cross
examined

c. How far will the judge let you roam In questioning


i. During jury selection
li. During cross exam
d. How good/ poor Is prosecutor In conducting jury selection
e. Will you have any assistance during the Jury selection

Case Fact Situations

a. Is the client male, female, transvestlte

b. was the offense involving a disguise


c. Is the victim male or femalle
d. client's race
e. victim's race

f. Bias, prejudice, or interest of witnesses will you be able to uncover on


cross -

ex

g. Ability to perceive
.1. Day or night
ii. Lighting
lii. Weather (cloudy)
iy. Witness opportunity to observe
V. Witness state of mind at time of observation
vl. Distance

Some suggested questions


a. Has anyone seen the client before today
b. Ever been mistaken for someone by a total stranger
i.

c.
d.
e.
f.

Tell us about It

ii. Ever heard that there Is a twin everywhere


Hi. What do you think
anyone ever been told they look like someone else
ever mistaken someone else for someone you knew
Do you think such mistakes are possible
Such mistake more likely or less likely when (favorable facts from case)

g. Race Issues in Identification

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