Chapter § 7.01 Jury Trial Introduction

• Jurisdiction: United States
• Publication year: 2020

§ 7.01 Jury Trial Introduction

American culture has seen considerable change over the past several years as we become more diverse and tolerant of different lifestyles, gender roles, languages, and varied experiences. It is difficult to pinpoint any particular factor that’s most responsible for the cultural shift, but some include generational changes, hip-hop and pop culture, technology, social movements, social media, and the economic climate. Irrespective of the cause, the changing lifestyle has dramatically affected how trial teams investigate and evaluate potential jurors, and how lawyers attempt to persuade them once the court empanels the jury. While these exercises have always been tough, some observers believe that selecting jurors and convincing them to side with you has never been more challenging.² In this climate, preparation before the trial can make all the difference, and jury consultants, particularly those trained in psychology, social sciences, statistical analysis, and modeling for the prediction of behavior, can be key to helping counsel prepare for trial.³ For example, jury consultants often design bespoke focus groups and other jury research tools to test case themes (i.e., learn the case’s strengths and weaknesses) and develop a profile for an ideal juror.⁴ Indeed, the guidance these consultants provide before and during jury selection and the research they perform on potential jurors via social media and other platforms are often an integral part of the jury selection process. Counsel who effectively use jury consultants and other tools to prepare for trial should be better equipped to select the right jurors and communicate a winning thematic story that will resonate with them. We discuss all aspects of preparing for a jury trial in this chapter, many times using illustrations from actual mock trials.

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