Book Review: Lieberman, J. D., & Sales, B. D. (2007). Scientific Jury Selection. Washington, DC: American Psychological Association, pp. 261

• Date: 01 December 2007
• DOI: 10.1177/0734016807310666
• Published date: 01 December 2007
• Author: Monica K. Miller
• Subject Matter: Articles

Lieberman, J. D., & Sales, B. D. (2007). Scientific Jury Selection.

Washington, DC: American Psychological Association, pp. 261

DOI: 10.1177/0734016807310666

Scientific Jury Selection is essential reading for new and experienced consultants,

lawyers, academics, students, and anyone interested in the trial process. Although it is most

useful for prospective or new consultants, even experienced consultants will benefit from

this comprehensive guide.

Lieberman and Sales are well known researchers and have years of research at the nexus

of psychology and law. Specifically, the authors have extensive training and experience in

social science, law, and consulting. They have published many relevant articles and books

and have contributed to the development of the trial consulting field.

The book’s purpose is to present a concise integration of the growing body of literature

relating to the ability of social scientists to pick a jury that will be more favorable to one

side. For instance, a psychologist can use jurors’ personalities, attitudes, and behaviors to

predict their verdicts. The book also considers the effects of group dynamics, such as how

similarities between jurors can affect deliberations. In addition, the authors review and analyze

the most popular techniques (e.g., mock jury studies) and less frequently used methods

(e.g., using a scoring system to rank prospective jurors’ body language to detect possible

attempts at deception).

Despite the book’s title, the book goes beyond jury selection. The authors also discuss

trial preparation, presentation, and other techniques designed to help lawyers throughout the

entire trial process. They offer insight on the importance of monitoring the jury throughout

the trial (e.g., to make changes during the trial based on the jury’s reactions), and the value

of considering the effects of complex instructions and evidence (e.g., confusion often leads

jurors to rely on their commonsense notions of justice).

A certain strength of the work is its reliance on theory. The authors describe how lawyers

can capitalize on jurors’ decision-making strategies (e.g., the story model) and schemas of

crimes and legal concepts such as insanity. They also note how belief in a just world and

terror management theories, among others, can influence a jury. They recommend unique

theoretical models of jury selection and suggest the development of techniques that draw

on the strengths and limit the weaknesses of the science.

Lieberman and Sales also present a discussion on the usefulness of jury consulting as a

profession. Although they list the many benefits of consulting, they are very careful not to

oversell the utility of the practices. Thus, they present an in-depth discussion of the challenges

that often accompany consulting, such as validity, sampling, and methodology issues. The

authors also address the difficulties of measuring jury consulting success. The ultimate

question is whether jury consulting actually “works.” As the authors point out, it is difficult to

answer that question. They adequately sort out the evidence and examine all the evaluations

of its effectiveness. The book also debunks myths and folklore, such as the long-held belief

that facial features, clothing, or body type indicate a juror’s personality or likely behavior.

In addition, they mention issues involving ethics (e.g., Constitutional questions about trial

fairness), affordability, and regulation (e.g., licensing) of trial consulting as a profession. A

thoughtful analysis of the needs and future directions of the consulting field provides advice

458 Criminal Justice Review