Guns, Gams & Gumshoes

A blog for PIs and writers/readers of the PI genre

  • Writing a Sleuth?

    A Guide for Writing Fictional Sleuths from a Couple of Real-Life Sleuths

    "How to Write a Dick is the best work of its kind I’ve ever come across because it covers the whole spectrum in an entertaining style that will appeal to layman and lawmen alike."

    Available on Kindle

  • Copyright Notices

    All rights reserved by Colleen Collins. Any use of the content on this site (including images owned by Colleen Collins) requires specific, written authority.

    It has come to our attention that people are illegally copying and using the black and white private eye at a keyboard image that is used on our site. NOTE: This image is protected by copyright, property of Colleen Collins.

  • Writing PIs on Twitter

  • Guns, Gams, and Gumshoes

Archive for the ‘Book Excerpt: Steps in a Trial’ Category

Jury Selection: Tales from a Trial

Posted by Writing PIs on January 6, 2015

gavel and scales

The criminal lawyer side of Writing PIs, Shaun, is starting a trial today. The PI-writer side of Writing PIs, yours truly, is on deadline finishing a book that features a lawyer protagonist, and she wishes she were at trial, too. Where better to do research and soak up “local color” for a legal story? But instead, one of us is at a real-life trial, while the other stays at home, writing a fictional one.

James Holmes Trial Postponed

Note: This post was originally published on January 6, 2015. As of today, March 1, 2015, the jury selection is still ongoing for the James Holmes trial, and is expected to continue for several more months.

The James Holmes trial was supposed to start this week, and Shaun anticipated it being a zoo at the courthouse with hundreds of spectators, media, and so on. Because of the Holmes trial, a large number of potential jurors had been called…and then today, the Holmes trial was postponed.

By the way, when the two of us were at that courthouse a year+ ago, we noticed they had paved a huge, extra parking lot in anticipation of a large number of people — spectators, media — attending the Holmes hearings/trial.  The additional parking lot, beefed up security, and intense investigation/legal services required for the Holmes trial has already exceeded $5 million dollars, and that doesn’t include the costs incurred by the Colorado public defenders’ office that refuses to divulge its costs.

Jury Selection: People’s Real-Life Stories

One result of the Holmes trial being originally set for this week was that there was an unusually large pool of potential jurors, 67 people, for Shaun’s trial.

During selection, the judge asked if anyone had reason to not be a juror. A man raised his hand, said that he was illiterate & was afraid other jurors would make fun of him. Shaun said it saddened him hearing the man’s story, made him realize the hurt the man must have endured in his life. Judge excused the man from jury duty.

Another man raised his hand, said English wasn’t his first language, so he should be excused, too. Judge rolled her eyes and sighed loudly, said she wasn’t going to put up with any dilly-dallying, and he was not excused.


We wrote about jury selection in our recent non-fiction book A Lawyer’s Primer for Writers: From Crimes to Courtrooms. Below is a link to that book excerpt:

The Steps of a Trial: Jury Selection


#BookSale: A Lawyer’s Primer for Writers: From Crimes to Courtrooms

Click cover to go to book's Amazon page

Click cover to go to book’s Amazon page

March 1 – 7, 2015, A Lawyer’s Primer for Writers is a Kindle Countdown Deal, starting at 99 cents on March 1, with the price increasing daily until it again reaches its original price, $7.95, on March 7. To order, click on the above book cover image or click here.

All rights reserved by Colleen Collins and Shaun Kaufman. Any use of the content (including images owned by Colleen Collins and/or Shaun Kaufman) requires specific, written authority.

Posted in A Lawyer's Primer for Writers, Book Excerpt: Steps in a Trial, PI Topics | Tagged: , , , , | Comments Off on Jury Selection: Tales from a Trial

A Lawyer’s Primer for Writers – The Steps of a Trial: Jury Selection

Posted by Writing PIs on May 1, 2014

Available June 2014

Available June 2014

Today we’re sharing an excerpt from the book — a rundown of the steps in a trial, highlighting the first step: Selecting a jury.

Book Excerpt  Steps of a Trial

Just as in a story, a trial has a beginning, middle and end. Let’s look at an overview of this sequence, starting with jury selection.

1. Selecting a Jury

The voir dire, or jury selection process, requires input from attorneys for both sides, as well as the judge. The judge and attorneys, after being given limited information about each potential juror, ask the potential jurors questions, the goal being to eliminate those who might be biased toward one side or the other during the trial.

After questioning is over, the attorneys and judge meet privately to pick the jury for the trial.  Some of the jurors are removed for cause, which means a juror has something in his/her past experience that may not allow them to be fair and impartial to both parties. Example of cause include if a juror personally knows one of the lawyers, or has been a victim of a crime similar to one being tried, or has a personal interest in the outcome of the case. Each side has an unlimited number of removals for cause.

Other potential jurors may be removed by peremptory strike, meaning each side can remove a certain number of jurors from the pool without giving a reason, although they cannot be eliminated based on race or gender.  The number of preemptory strikes depends on the jurisdiction and type of crime.

As an example, the following defines the number of strikes in federal trials:

Federal civil trial: Each side is allowed 3 peremptory strikes.

Federal criminal trial: The government’s prosecuting attorney gets 6 strikes and the defense attorney gets 10 strikes. In capital cases where the death penalty is considered, both sides get 20  strikes.

Federal misdemeanor trial (a minor crime punishable by a fine or less than a year in prison): Each side gets 3 strikes.

After all potential jurors have been removed via cause and preemptory strikes, the jury is selected, which is often referred to as their being empaneled.  After the courtroom deputy clerk swears in the jurors, and the judge gives them initial instructions, the trial can begin.

There might also be one or more alternate jurors, who are selected in the same manner as regular jurors, and hear the evidence in a case along with the regular jurors, but they do not participate with the regular jurors when they decide the case unless called upon to replace a regular juror.

— End of excerpt —

All rights reserved by Colleen Collins and Shaun Kaufman. Any use of the content (including images owned by Colleen Collins and/or Shaun Kaufman) requires specific, written authority.

Posted in A Lawyer's Primer for Writers, Book Excerpt: Steps in a Trial | Tagged: , , | Comments Off on A Lawyer’s Primer for Writers – The Steps of a Trial: Jury Selection

 
%d bloggers like this: