Voir Dire Strategies for Counterfeiting Cases in Federal Court

Voir Dire Strategies for Counterfeiting Cases in Federal Court

Picking a jury ain’t easy. Voir dire is tricky biz, especially with counterfeiting. Let’s break it down real simple-like.

Know Your Audience

First, get inside the minds of your potential jurors. What do they think about knock-offs and fakes? People have mixed feelings. Some don’t mind saving a few bucks on a fake Rolex. Others take counterfeits real personal-like. They value originality and hate freeloaders profiting off someone else’s brand. You gotta uncover them beliefs and biases.

Ask questions like:

• What brands do you buy most? Do you ever buy knock-offs of designer brands?
• How do you feel about people selling counterfeit products – handbags, watches, etc? Is it a big deal to you?
• Have you or someone you know ever purchased a counterfeit product? How did you feel about it?

Listen close to the answers. You’ll get a sense of who’ll be harsh on counterfeiters and who’ll go easier. Use your peremptory challenges wisely.

Educate on the Law

Most folks don’t know the ins and outs of counterfeiting law. You gotta school them. Explain stuff like how even buying a knock-off bag on the street corner is illegal. A lot of people think selling’s illegal but buying ain’t. Wrong!

Also cover how counterfeiting is a federal case. Many don’t realize it’s that serious. For reals, it can be a felony with 5-10 years in prison. When they hear that, they’ll probably take it more seriously.

You can say stuff like:

• “Did you know that buying a counterfeit product is illegal, just like selling it?”
• “Were you aware that counterfeiting can be charged as a federal felony with substantial prison time?”

Once they understand the law better, they may look less kindly on defendants who broke it.

Address Skepticism of Law’s Fairness

Some potential jurors may think counterfeiting laws are unfair or too harsh. They gotta be weeded out.

If someone says “5 years for a fake purse seems excessive,” tell them Congress passed the laws because counterfeits fund organized crime and threaten consumer safety. There’s good reasons for the tough penalties.

You can say:

• “The significant penalties exist because counterfeits can fund terrorism and organized crime syndicates.”
• “Congress determined stiff penalties are needed to protect consumers from dangerous knock-offs.”

Also explain how lost sales from counterfeits hurt businesses and jobs. If they understand why the laws exist, they may accept them more.

Probe Past Experience

Directly ask potential jurors:

• Have you served on a criminal jury before? What was the case?
• Have you or someone close to you ever been the victim of a crime? How did the police and courts handle it?
• Do you have any positive or negative feelings about law enforcement and the justice system?

You’ll learn if they have biases for or against the prosecution and law enforcement. Strike the ones who seem hostile to the State. You want law-and-order types for this case.

Look for Leaders

Once on a jury, people get influenced by forceful personalities. Try to spot natural leaders during voir dire based on their:

• Confidence in answering questions
• Commanding body language and speaking voice
• Education and professional background

If you spot someone who’ll dominate deliberations, make sure they seem prosecution-friendly. You don’t want a strong skeptic of law enforcement leading the jury.

Sell Your Theory of the Case

Don’t just ask questions – also use voir dire to preview your trial theory. For counterfeiting, emphasize things like:

• The defendant knew exactly what he was doing
• He did it for quick money without concern for the harm caused
• This crime funds organized crime syndicates
• Consumers were deceived and put at risk

Drive those points home in your questioning. It plants seeds in the jurors’ minds before they hear any evidence.

Be Folksy

Don’t get too lawyerly in voir dire. Keep it simple and relatable. Throw in some humor if you can. You want the panel to like you off the bat. If the chemistry’s good, they’ll trust you more at trial.

Talk plain and folksie. Use expressions like “fair shake” and “rule of thumb.” Ask conversational questions, not formal interrogatories. Joke around a bit if you sense the panel’s receptive.

Make it feel more kitchen table than courtroom. The more comfortable the panel is with you, the better for your case.

Conclusion

Voir dire ain’t easy, but it’s crucial. Take time to identify biases, educate on the law, address concerns, and start persuading. With smart questioning, you can get a panel that’s open to convicting counterfeiters. Then it’s just a matter of proving your case at trial.

So put on your folksy hat, grab some coffee, and have a good chat with those potential jurors. You got this!

References

Here are the references used in this article:

Department of Justice Strategy to Combat Counterfeit Products

FBI – Counterfeiting

18 U.S. Code § 2320 – Trafficking in counterfeit goods or services