Never select a juror who is outwardly very friendly, works for an insurance company, smiles at you and seems to be on your side. Younger jurors aren't usually a good choice or are potentials who are too well dressed. I'd rather have a bench trial because only the judge can be faulted for the wrong decision. Jurors are generally not very intelligent.
Truth! Also, never pick a juror who is either law enforcement or related to someone in LE…
I have heard that a few times that you may be better off with a bench trial so you can hold the judge accountable.
I was pro se in a 2 week trial. While selecting jurors, one candidate told me that she was very allergic to dogs and had noticed that I had a tiny toy poodle in a carrier under my desk. There was no way she could have known that! No one knew that I had a little dog hidden, but someone told her in ex parte communications which is strictly forbidden. I told the woman my dog is hypoallergenic because poodles have hair like humans, not fur. I should have vehemently objected and asked for an entirely new pool of jurors because that woman tainted the jury pool. No one knew that I had a dog hidden in a secret dog purse.
This leads me to my next point in a court of law. A pro se litigant cannot object enough! If one doesn't object, that issue is forever waived on appeal. It's gotten to the point, in one of my last court appearances a judge stated., I know Mrs. Albertini! You object to everything said here today. This leads to my next comment, judges pretty much think out loud in court and what they say should always be used against them because when they think out loud they are usually saying something that they shouldn't in order to impress the clerks and other lawyers who are present.
I've litigated my own case pro se is in a 2 week trial. I would never, in hindsight, choose a jury trial again. The margin of error is 13 to one vis-a-vis a bench trial (12 jurors plus 1 judge). Jurors tend to be more subconsciously biased. They aren't particularly bright either. With a bench trial any errors rest squarely on the judge and can't be explained off as "you had a fair trial decision by a jury of your peers." Trust me, they likely aren't your peers.
Comments
Post a Comment