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Sides say time has hand in stereotyping
Prosecutors, defense call pressure to speed questioning, trials a contributing factor
04:25 PM CST on Tuesday, January 24, 2006
Dallas County prosecutors and defense attorneys alike blame a shortage of time for the race-based stereotyping that occurs during jury selection. Justice is in a hurry, and judges don't want to waste their time or that of jurors and lawyers on lengthy voir dire, as the juror questioning phase of selection is known. In addition, county commissioners pressure judges to speed trials along and cut jail costs of those awaiting trial. With limited time and opportunity to question potential jurors, "you have no choice but to stereotype some" jurors, said Peter Lesser, a longtime Dallas defense lawyer. "Remember, most of these judges are trying to get these voir dires done in 45 minutes," Mr. Lesser said. "So as a lawyer, you have to fight with the judge." Robert Hirschhorn, a nationally known jury consultant from Lewisville, said he's heard judges regularly grumble, "We've got to get our jury [picked] sooner or later." "You know what, except in the extraordinary circumstances, jury selection typically takes a day," Mr. Hirschhorn said. "So when you talk about depriving somebody of their liberty, what's a day? If they are looking at five years, 10 years, 99 years in prison, what's a day in the big scheme of things?" Longtime Dallas prosecutor Eric Mountin, chief of the organized crime division, said he understood the desire not to spend an inordinate time on jury selection – to a point. "Dallas experienced some unfortunately unpleasant experiences in the law enforcement community over the last couple of years, and that has shaped some people's perceptions, rightfully or wrongfully," Mr. Mountin said. "The only way you're going to be able to bring that perception out is in an opportunity to answer those questions." A little extra time up front can save time in the long run, he said, adding that having a hung jury is a greater waste of everyone's time. Some felony judges are saving time by using questionnaires in lieu of lengthy questioning of prospective jurors – a tactic that some believe also encourages more honest answers. Judge Henry Wade Jr. and Judge John Nelms – two veterans of the bench in Dallas – said they would favor a system in which judges alone question prospective jurors, as happens in federal court. David Baldus, a University of Iowa law professor and recognized expert on jury selection, suggested setting up a computerized system to track lawyers' strikes. Each court could then instantly research individual lawyers' strikes to determine trends in how they are using their peremptory challenges. That would allow a judge to better gauge a lawyer's motives. State District Judge John Creuzot agreed it would be a good to monitor strikes but doubted the county had the resources to do it.
