NOVEMBER 2025 | 9 THE OKLAHOMA BAR JOURNAL Trial by Jury ‘The Lawful Judgment of His Peers’: Jury Selection Tips for Practitioners By Matthew R. Price “No free man is to be arrested, or imprisoned, or disseised, or outlawed, or exiled, or in any other way ruined, nor will we go against him or send against him, except by the lawful judgment of his peers or by the law of the land.” – Magna Carta “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.” – Sixth Amendment, U.S. Constitution The idea of a juror in the Western world traces as far back as dicastes in ancient Greece, who resembled a judge to the modern eye more than a juror selected today.1 The format for a juror you would recognize took shape with the Magna Carta in England in 1215, where the aristocracy could be tried by members of the aristocracy and not the king.2 This filtered its way through English society and influenced our founding fathers through the Sixth Amendment of the U.S. Constitution phrase “impartial jury of the State and district wherein the crime shall have been committed.”3 Oklahoma took it to heart and placed it within the core document of the state constitution: “Trial by an impartial jury of the county in which the crime shall have been committed.”4 In Oklahoma, attorneys shall be allowed to “supplement” the judge’s questions when selecting a jury by asking their own questions.5 Why the history lesson for the average trial lawyer? It is important to understand that the idea of a juror and a jury is deeply ingrained in our culture from before our culture was our culture. It has seeped into our books, movies and TV shows, from To Kill a Mockingbird to My Cousin Vinny. Every Oklahoman who will potentially serve on your jury walks into the courtroom with a preconceived notion of what their job is going to be if selected. I submit to the members of the bar three roles a successful trial attorney must fill for a successful, potentially favorable jury selection (also known as voir dire) process for your client: 1) the educator, 2) the confidant and 3) the storyteller. THE EDUCATOR “The great enemy of the truth is very often not the lie – deliberate, contrived and dishonest, but the myth – persistent, persuasive, unrealistic.” – John F. Kennedy Many jurors will be new to this process and not know the rules of the game. Your first role as a successful trial attorney is that of an educator. Introduce the potential Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.
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