The Uncomfortable Truth About Jury Selection

The Uncomfortable Truth About Jury Selection

Until now, every True Bill Talk episode has gone deep on policy, current events, or the story behind an elected prosecutor's career. This one takes a closer look at jury selection — one of the most consequential and least-examined parts of what prosecutors and defense attorneys do at trial. Today's guests are Prof. Nancy Marder (Chicago-Kent College of Law), one of the country's leading scholars on the jury, and Prof. Adam Shlahet (Fordham Law School), an experienced trial attorney who has practiced on both the prosecution and defense side. Together, they get into what the system asks lawyers to do — make high-stakes decisions about complete strangers based on minimal information, in a matter of minutes. Adam flips the conventional wisdom, making the case that jury selection isn't about finding the ideal juror — it's really about identifying the one who will tank your case and getting rid of them. And Nancy points out that many of those who might appear to be biased when entering the courtroom will be transformed during jury selection and other stages of the jury process so that they will be able to deliberate without bias. She also pushes back on the advice that often gets passed down to junior attorneys, pointing to research that shows that generally there is no reliable correlation between a juror's demographics and how they actually deliberate. And yet the system itself — with its time pressure and limited information — structurally invites the kind of snap judgments we're supposed to be avoiding.

DA Jared Williams on Youth, Justice and Common Sense Prosecution

District Attorney Jared Williams (Augusta, Georgia) used to spend his Christmas mornings in the local Youth Detention Center. It wasn't because Jared got into trouble - instead, his parents would bring him to the Center to show him the experience of kids who didn't have the advantages he had growing up, and to make sure those children didn't spend the holidays alone. To this day, the perspective Jared developed through those early experiences continues to shape his approach to criminal justice. As his community's top prosecutor, Jared has more opportunities than ever to see how early interventions and investments in the lives of youth can help prevent them from becoming involved in the justice system. As Jared explains, giving children access to more resources, especially if they have an incarcerated family member, isn't a "reform" tactic as much as it's a cost-effective and common sense way to minimize harm in his community. Jared's interest in the lives of Augusta's youth is only one of the topics we covered in this wide-ranging interview. Shortly after his election in 2020 - as the first black person ever, and the first Democrat in many years to win his seat - Georgia's state legislature carved out a portion of his district so that a more conservative prosecutor could represent it. As Jared points out, that type of gerrymandering cuts both ways: state lawmakers disenfranchised thousands of his supporters while also stripping some of his opponents of any say over his policies. This was one of the many unexpected insights from our conversation. Ultimately, our discussion was about values: where they come from and how they show up later in life, especially in a job like Jared's, where the stakes are high.

Nelson Bunn on Prosecution & Politics

In this episode, we're doing something different. I'm speaking with an individual whose job is to hold a national perspective on criminal justice issues: Nelson Bunn, Executive Director of the National District Attorneys Association, whose mission is to be the "voice of America's prosecutors" and provide training to local prosecutors. I wanted to interview Nelson because the NDAA influences the policies of thousands of prosecutors across the country. And the wide range of views among prosecutors on how to use their power and discretion makes Nelson's job immensely complicated. In this episode, Nelson takes us behind the scenes on how that works.

Federal Immunity from Local Prosecution

In the last few weeks, I've been hearing questions from prosecutors like when are federal agents immune from state prosecution? Will these cases be tried in federal or state court? What cases should I be aware of as a starting point if this becomes relevant in my community? To answer these questions, I interviewed Professor Nadia Banteka of Florida State University College of Law on True Bill Talk. She's an expert on constitutional criminal procedure and criminal law, and takes us on a deep dive into this complicated area of law. This short episode will give you a solid understanding about federal immunity from local prosecution with an incredibly knowledgeable legal expert.

John Chisholm on Investigating Federal Agents

Over the past few weeks, two people were killed by federal law enforcement agents in Minneapolis during immigration enforcement actions directed by the Trump White House. In this conversation, we don't delve into immigration policy or whether the shootings are legally justified. Instead, we focus on why and how local prosecutors should investigate allegations of misconduct by federal agents. Local investigations are essential for creating an independent, public record — one that ensures transparency and maintains community trust. And John Chisholm is the perfect guest for this topic: as the former Milwaukee DA, he oversaw investigations that resulted in both pursuing and declining charges against police, earning criticism from both sides. Drawing on 18 years in office, John explains his approach to police-involved fatalities, how federal–local cooperation has traditionally worked, what's shifted in Minneapolis, and practical advice for prosecutors addressing federal misconduct today.