If challenges for cause are not granted, counsel should consider exercising peremptory challenges to eliminate such jurors.
In exercising challenges for cause or peremptory strikes, counsel should consider both the panelists who may replace a person who is removed and the total number of peremptory challenges available.
Counsel should make every effort to consult with the client in exercising challenges.
Counsel should be alert to prosecutorial misuse of peremptory challenges and should seek
appropriate remedial measures.
Counsel should object to and preserve all issues relating to the unconstitutional exclusion of jurors by the prosecution.
Counsel should make every effort to preserve error in voir dire by urging proper objection or instruction.
Prior to delivering an opening statement, counsel should ask for sequestration of witnesses, unless a strategic reason exists for not doing so.
Counsel should be familiar with the law of the jurisdiction and the individual trial judge's rules regarding the permissible content of an opening statement.
C. Counsel should consider the strategic advantages and disadvantages of disclosure of particular information during opening statement and of deferring the opening statement until the beginning of the defense case. Counsel’s opening statement also may incorporate these objectives:
To provide an overview of the defense case;
To identify the weaknesses of the prosecution's case;
To identify and emphasize the prosecution's burden of proof;
To summarize the testimony of witnesses, and the role of each witness in relationship to
the entire case;
5. To describe the exhibits that will be introduced and the role of each exhibit in relationship to the entire case;
To clarify the jurors' responsibilities;
To establish counsel’s credibility with the jury;
To prepare the jury for the client’s testimony or failure to testify; and