Each juror will tell themselves a different story about your case. They will pay attention to the evidence which supports this story and they will disregard what does not. Their individual stories depend on jurors’ life experiences, attitudes and personalities. It also depends on how you present your case. It is possible to shape any juror’s perception of your case by emphasizing the right facts and de-emphasizing others. Pre-Trial research illuminates which facts lead to a given story, what confuses people and what evidence, on both sides, resonates with jurors.
Overcoming Juror Bias
Given the technical expert testimony, you cannot win a toxic torts trial unless you research jurors’ biases and how they individually decide and collectively deliberate your case. It is human nature to use short-cuts (psychologists call these short-cuts heuristics) to reach a decision when a problem is complicated. Understanding and overcoming these resulting biases is essential in a complex case, where technical legal instructions and scientific evidence are presented.
Science Made Simple
The key evidence and testimony must be clear and memorable so that jurors will think about it first when deciding the case. Not only are memorable facts more likely to be considered, but people erroneously believe that more accessible facts are also more credible.
People typically must hear something 9 to 12 times to memorize it, i.e., incorporate it into their subconscious, where it is not re-analyzed again for accuracy but simply referenced for decision-making. Emotional experiences and powerful visuals are memorized faster, sometimes immediately.
It is just as important to know what evidence to exclude, as is what evidence to emphasize. What issues are clear and require less explanation? What testimony is too confusing and simply distracts from your key points? Pre-trial research answers these critical questions so you are armed to present your strongest case and obtain the highest verdict amount possible.
JuriSense Utilizes Several Research Methods
Focus Group research tests case themes, jurors’ perception of evidence and graphics, optimal ordering of key points, and the credibility and clarity of expert witnesses.
Mock Trials test overall damages (i.e., what the case is worth) as well as attorney styles and other aspects that can be more thoroughly fleshed out in focus group research.
Community Surveys collect information on hundreds or thousands of people within a given jurisdiction, which permits more robust statistical analyses to predict verdict based on answers to standard voir dire questions and demographic information.
JuriSense, LLC Seal Beach, CA (800) 891-6592 firstname.lastname@example.org
Home | Research | Expert Testimony | Jury Selection | Graphics | CLE | Tammy Metzger | Contact | Papers | Blog