I am starting a trial in a capital murder case. I have tried many capital murder trials and have attended many seminars on voir dire in capital cases. My clients insisted on keeping one juror who I truly believe would hurt the clients’ cause, particularly on the death penalty. Can I overrule the client on this issue?
The issue poses a very difficult question because clients participate with lawyers in the jury selection process. Also, many experienced trial lawyers will recall a situation where a client insisted on a juror who the lawyer really didn’t want, and then the juror turned out to be a tremendous juror for the defense. Lawyers don’t have a monopoly on insight into human personalities. Sometimes a street-smart client can sense something that the lawyer is missing.
