Attorneys often make the mistake in voir dire of failing to be honest with jurors. I often see attorneys try to hide bad facts or spend hours figuring out how to refer to the bad facts in a way that makes them seem okay.

Jurors made comments such as “evidence to us didn’t prove innocence” and the fact that the defendant didn’t testify was “bad,” seemingly indicating that the jurors disregarded instructions that the burden of proof is with the prosecution and that the defendant’s decision not to testify should not influence their verdict.

Imagine a conversation with a significant other. You want to spend money on a big television and they want to putting the money in savings. They approach you as follows: “Honey, you’re being ridiculous! The economy is in the toilet and you want to go spend money frivolously? How can you possibly make that uninsightful of a decision?!”