a

Facebook

Twitter

Copyright 2019 Dayton DUI.
All Rights Reserved.

9:00 - 17:00

Our Opening Hours Mon. - Fri.

Facebook

Twitter

Search
OVI Menu
 

Voir dire Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "Voir dire"

A Prosecutor’s Voir Dire Advantage: The Primacy & Recency Effect

In Ohio, the prosecuting attorney in a DUI/OVI trial gets to make the first presentation in voir dire, has the first opportunity to do opening and closing, and also has a rebuttal that follows the Defendant's closing argument.  Why is this a big advantage?Psychologists tell us that there is the tendency for the first items presented in a series to be remembered better or more easily, or for them to be more influential than those presented later in the series. If you hear a long list of words, it is more likely that you will remember the words you heard first...

Continue reading

DUI Trial Techniques (Voir Dire)

If you see me trip over a crack in the sidewalk, you would consider me to be clumsy or uncoordinated.  If, however, you trip over a crack in the sidewalk you are much more likely to blame the crack.  The same is true for most people. This discrepancy is called the actor–observer bias.In social psychology, the fundamental attribution error (also known as correspondence bias or attribution effect) describes the tendency to over-value dispositional or personality-based explanations for the observed behaviors of others while under-valuing situational explanations for those behaviors. The fundamental attribution error is most visible when people explain the...

Continue reading

The DUI Court Process: What is Voir Dire?

If your Ohio DUI case proceeds to trial, your attorney will be given a chance to "pick" a jury during a process called voir dire.  You attorney will question prospective jurors about their backgrounds and potential biases.  Experienced DUI trial counsel will tell you that a good voir dire is especially important in a DUI case.  The principles of federal due process as well as the Sixth and Fourteenth Amendments to the United States Constitution guarantee a defendant a trial by a “panel of impartial, indifferent jurors.” Irvin v. Dowd, 366 U.S. 717, 722 (1961); Morgan, 504 U.S. at 727....

Continue reading

Trial Lawyer’s Bible Quote: Deuteronomy 19:15-20

[caption id="" align="alignright" width="180" caption="Image via Wikipedia"][/caption]The following quote, Deuteronomy 19: 15-20 sets forth the Biblical requirement that crimes must be proven by two or more witnesses.  Is this useful to bring up  in voir dire or in closing?  In her seminal work, Jury Dynamics, LexisNexis 2nd ed., Dr. SunWolf sets forth some questions that attorneys can use in voir dire to uncover religious attitudes.  I would be interested to know what people think about this issue.  I think that it would be proper in retortto a prosecutor who invokes the biblical refrain,...

Continue reading