For in this opening address of his there must be no
flaw, since a single misstated or overstated fact may
prejudice the jury against him and result in his defeat. Upon
it also depends the jury's first impression of the case and of
the prosecutor himself--no inconsiderable factor in the
result. In a trial of importance its careful construction
with due regard to what facts shall be omitted (in order to
enhance their dramatic effect when ultimately proven) may well
occupy the district attorney every evening for a week. But if
the speech itself has involved study and travail, it is as
nothing compared with the amount required by that most
important feature of every criminal case--the selection of the
jury.
For a month before the trial, or whenever it may be that the
jury has been drawn, every member upon the panel has been
subjected to an unseen scrutiny. The prosecutor, through his
own or through hired sleuths, has examined into the family
history, the business standing and methods, the financial
responsibility, the political and social affiliations, and the
personal habits and "past performances" of each and every
talesman.
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