The Juror Who Can Sway the Room:
A Hidden Risk in Voir Dire

By Dr. Kelly C. Anthony, Ph.D.
President & Director of Research | Litigation Research Group

During voir dire in a recent product liability case, our team identified three clear peremptory strike candidates—Ms. Not-Good, Ms. Even-Worse, and Mr. Disaster. Each had expressed views that posed significant risks to our case. But Mr. Disaster stood out—not just for his opinions, but for something more dangerous: his ability to influence others.

Then came the debate: Should we use a strike on Ms. Sorta-Bad instead?

Our client believed Mr. Disaster could potentially help us. After all, he had made a few comments suggesting he was open to some of our arguments. In contrast, Ms. Sorta-Bad had expressed views more consistently unfavorable to our position. But from our perspective, the decision was not just about what these jurors believed—it was about how much influence they could wield in the jury room.

Here’s why we ultimately advised against keeping Mr. Disaster:

Yes, Ms. Sorta-Bad had concerns about our case—but she lacked presence. She was quiet, hesitant, and unlikely to assert herself during deliberations. Her opinions, while not ideal, were unlikely to sway the group.

Mr. Disaster, on the other hand, was exactly the kind of juror who could drive a verdict. He had a strong voice, an assertive tone, and the attention of the entire panel during voir dire. Even if there was a slim chance he’d lean our way, the consequences of him turning against us were far too great. A strong personality like his could lead the jury to places we didn’t want them to go.

We struck Mr. Disaster and kept Ms. Sorta-Bad—and it was the right call.

Moral of the Story:

When using peremptory strikes, don’t just look for bias—look for power.

A juror who disagrees with your case is a risk.
But a juror who can persuade others to disagree with your case?
That’s the dangerous juror.

Pay close attention to leadership potential during voir dire.
Because a strong, confident juror who turns against you doesn’t just vote against you—they can take the entire jury with them.