Jury Selection

• As an attorney, closing the personal space between you and the jury can engender trust among some jurors.Stockbyte/Stockbyte/Getty Images
  
  The process of jury selection is known as voire dire, during which time attorneys and the judge question prospective jurors not only to determine if bias exists, but also to gain insight into any sympathies a juror might have toward the case or defendant. The best way to elicit honest information from a juror -- or anyone -- is to gain their trust. According to research conducted by Martin S. Remland in 1993, trust is best gained by nonverbal behaviors that are considered "warm," such as a more intimate distance (closeness), softness of tone and voice, maintaining eye contact and smiling. You should avoid turning away, using sarcasm or making large, intimidating hand gestures.
  
  

Opening and Closing Statements

• Opening and closing statements are critical times for monitoring your nonverbal communications.Stockbyte/Stockbyte/Getty Images
  
  Jurors can be markedly influenced by opening and closing statements and use them to analyze an attorney's credibility. As an attorney, nonverbal behavior consistent with your tone of voice is an important aspect during these statements, as is speaking confidently at a somewhat rapid -- but not too fast -- pace, maintaining a conversational versus a rehearsed style of speaking, making eye contact, moving your body purposefully and using natural hand gestures.
  
  

Cross Examination

• Using deliberate pauses is one nonverbal technique that can be effective during cross examination.Jupiterimages/Photos.com/Getty Images
  
  Attorneys attempt to discredit a witness or defendant during cross-examination, often using intimidating nonverbal cues and behaviors.These include invading personal space, sarcasm, finger-pointing, frowning, speaking more loudly and using deliberate and well-planned pauses. As an attorney, be careful not to be too heavy-handed with these techniques with an individual who is likely to engender jury sympathy, such as a very young or very old defendant or witness. There can also be a fine line between using these nonverbal techniques to disarm the witness while maintaining a likability with the jury. You do not want to come across as a bully nor do you want to allow the defendant's or witness's responses visibly disarm or upset you.
  
  

The Judge's Nonverbal Communication

• A judge must use caution that his nonverbal behaviors do not communicate a bias toward a defendant.Jupiterimages/Photos.com/Getty Images
  
  Remland's research also suggests that a jury can be influenced by a judge's nonverbal communication, particularly the frequency and intensity with which a judge looks at the defendant. There is some concern indicated through the research that if a judge believes a defendant to be guilty, he can actually convey that belief to the jury through his tone of voice and facial expressions, among other behaviors. Thus, a judge must use caution when giving jurors final instructions for deliberation so that his nonverbal communications do not portray a bias or belief of a defendant's guilt or innocence.