"Most concise explanation of how to conduct jury selection. I gave [Tammy's Plaintiff's Jury Selection paper] to all of my associates to read." Tom Girardi, Girardi & Keese
"Right on the money." Jim Riley, Director, Coats Rose
"Very perceptive. [Tammy] correctly predicted an unlikely foreperson and our two strongest jurors." Al Stewart, Allen Stewart, P.C.
Jurors’ biases can prevent them from hearing your evidence and fairly deciding your case, so it is crucial that you identify these extremely biased people in jury selection.
Clarence Darrow famously said "never forget, almost every case has been won or lost when the jury is sworn." I generally disagree with this; however, it is more applicable to modern, complex cases that are typically close calls. Furthermore, complex cases with scientific evidence are so confusing that bias plays a stronger role, often tipping the scales one way or the other.
While pre-trial research will teach you what questions to ask and what answers correlate with a plaintiff or defense verdict, you must also assess jurors’ truthfulness, attitudes, personalities and effect on the group dynamics. This is very difficult for an attorney to do while attending to other goals during voir dire. JuriSense excels at helping attorneys select their jury.
Jurors will tell themselves a story about your case that is the most accessible, given their life experiences, attitudes and personality, which is what we learn about during voir dire. People are predictable in how they take in and process information, which is the basis of Carl Jung's typology work. Different people will be open to different aspects of your message. Based on what I learn during jury selection, I recommend communication strategies for each juror.
This intuitive approach is much more predictive of verdict than just plugging the factual dots into a statistical model. I don’t simply calculate a probability based on answers to questions and demographics, I model their thinking and behavior, i.e., their personal decision-making process and how they participate in the deliberations, factoring in what I observe, including emotional reactions to the attorneys and to other jurors’ statements.
For more information on how Tammy uses her intuition in research and trial, please see her article entitled What is Intuition?
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