Jury research
From Wikipedia, the free encyclopedia
Jury research is an umbrella term for various methods of research associated with jury trials. It could include (but not limited to) prospective jurors demographic research, mock trials, jury selection, shadow jury or post-trial jury interviews. Generally jury research is a part of a trial strategy in high stakes cases in civil or criminal litigation.
[edit] History
There were plenty of attempts to use science - particularly psychology or sociology - to get an edge on jury trials. Jury research was successfully used during the IBM antitrust trial in 1969 and O. J. Simpson murder case. Today, there are many companies and individuals providing services as a jury consultants or trial strategists.
[edit] Methods and myths
Jury consultans can not guarantee to win a case. Neither, they can pick a jury to rule in one's favor. Their job is rather to shape trial team strategy so it tells the most persuasive story accomodating a particular venue's jurors preexisting beliefs and experiences.
Regular market research tecniques are usually used - phone surveys, focus groups, feedback sessions and so on. Surrogate jurors are selected to represent a jury pool in a venue. They presented with general demographic questions and some facts relevant to the case. Facts could be presented in different combinations to groups in order to test different strategies. Visual exhibits, witnesses, metaphors and examples of a case, timeline of events - all could be subjected to multiple jurors perspective.
Pre-trial research techniques is also sometimes used to prepare for a settlement negotiations. Post-trial jurors interview sometimes allow to better understand mistakes or good arguments made in a trial, and use that knowledge for future trials or for an appeal.
