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Case Presentation Approach
Case presentation approach
What do you, the attorney, rely upon when selecting a jury? Past
experience? Advice from colleagues? Attorney "folklore"? Do you
recall Melvin Belli or Clarence Darrow or Your Favorite Mentor
saying that a certain juror of a particular age, race, sex or
religion would make the best/worst juror for the
Plaintiff / Defendant in a civil case or the
Prosecution/Defendant in a criminal case? How accurate and reliable
is demographic stereotyping? Research reveals that engaging in
stereotyping during jury selection is dangerous because in
hindsight, it may prove wrong for a particular case which always
has unique characteristics. Your "model" juror for one case can be
your "killer" juror for another.
Our consulting firm recommends that for jury selection, you
utilize the Case Presentation Approach. The selection of your jury
is most ideal when you begin this process long before you arrive in
the courtroom. The time to actually begin is when your specific
case is in the process of being pre-tried before a mock jury or
juries and you are viewing the deliberations. During deliberations,
attorneys have observed that the same evidence is often interpreted
differently by members of the same demographic mix. What causes
this dynamic to occur? To fully understand and appreciate this and
many other juror dynamics requires the implementation of social
science analytic tools. These tools convert conflicting raw data
into reliable knowledge. The highly complex process through which a
juror's demographics and core beliefs unite is what predisposes a
juror to interpret case-related information in a certain manner. A
complex process, such as this, needs to be scientifically assessed
before forming any global conclusions.
The knowledge acquired is then utilized to create effective
trial strategies and provide the necessary guidance in jury
selection. It is essential to discover which jurors possess
intensely held attitudes, adversely affecting their interpretation
of testimony and/or hold intractable bias against the litigants in
the case. In addition, it is crucial to fully probe the reasons
certain individuals strongly accept or reject a litigant's case
position. These are the critical variables necessary in (a)
predicting which jurors are best for you to select and deselect and
(b) providing you with the strategies necessary to convincingly try
your case. The linchpin to gaining this advantage at trial is
pre-testing your case and having the feedback professionally
analyzed by Schlesinger Associates.