Archive | Jury Behavior

Juror Background Checks

The only universal recommendation we make to clients these days regarding trial strategies is to be prepared to have background checks conducted on the potential jurors. Though this practice must be done with some care, and with the observation of a few Bar rules, it is important to prepare for background checks early. I have […]

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The voir dire process (which is defined as asking questions of potential jurors to de-select those who cannot be fair and impartial), as arduous as it may be, is never exhaustive enough to provide all of the information we need to know about every potential juror. There are time limitations, particularly time limitations related to […]

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Crazy Courthouse Story #2 calendars idea

Second in the series on crazy courthouse stories is the Courthouses of Florida™ idea I had while working in courthouses all over my home state of Florida. Over the years when I have worked for attorneys during the jury selection process, I have observed their fondness for courthouses. They often regale me with stories about […]

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The crazy idea wasn’t that crazy and it turned into a challenging and mostly fun adventure. The phenomenon of associations, mostly positive, made by our clients with a particular courthouse has been interesting to observe. There are probably negative associations with some courthouses, but what we hear are, “That’s where I won my first big […]

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Internet Based/Virtual Jury Research: Part 2

My previous post outlined the reasons why online “mock jury” research is not in reality “mock jury” research. In this, related, post, I will discuss additional constraints and limitations of online “mock jury” research. I will also add that I have concerns about confidentiality with online research. Confidentiality is more than just having a confidentiality […]

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David is passionate about this topic! It was the longest post he has ever written since we have been blogging in June, 2013, and it was so long, it had to be broken into two parts. David’s second part of the posts on online “mock jury” research pertains to a crucial, but often overlooked, aspect […]

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Internet Based/Virtual Jury Research: Part 1

Technology is not the answer to everything. I have recently been reminded of this when talking with more than one potential client who was curious about using internet based “jury research.” Specifically, we’ve recently been asked to bid on mock jury research only to learn that the competitor’s bid was for an online “mock jury.” […]

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Social psychology is the study of group behavior, among other things. By definition, a group is comprised of two or more people who assemble together. A jury, is of course, a unique type of group that is tasked with making important decisions that have a substantial impact on other people’s lives. When an individual or […]

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Origin of the Jurors

Mock jurors may seem like a species unto themselves, but, when properly recruited, they are everyday people who are representative of the trial venue. Following the post on why Magnus controls research videos, I am commenting on the origin of the mock jurors because of another subtle detail I picked up recently in reading a […]

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There are almost as many ways to recruit research participants, including mock jurors, as there are types of jury/trial consultants, with both participant recruiting and consultants falling into “the good, the bad, and the ugly” categories. I will list all of possible ways I know Magnus and its competitors recruit people to participate in research […]

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Never Assume – Juror Profiling

During a recent mock jury session, one of the most outspoken mock jurors caught the attention of our client who was watching the proceedings remotely. This client, the general counsel of a large corporation, made a comment along the lines of “nothing about that juror’s profile would have made me think she would be good […]

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Profiling. Stereotypes. Bias. Prejudice. Most of us make “snap judgments” of others on a routine basis. Sometimes, we are right, but sometimes, we are wrong, wrong, wrong. I cannot count the number of times I have been asked, “Will men or women be better for us as jurors?”, leading me to respond, “Which men? What […]

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Getting the Most from Research – Digging In

A recent Wall Street Journal article (August 11-12, 2018) entitled “To Get the Most Out of Polls, Delve Deeper” prompted this post. Though this post was about political polls and pollsters, there were several points relevant to the world of trial consulting. One quote caught my attention, “…, remember that neither a candidate’s polling percentage […]

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I enjoy, immensely, working with attorneys on their cases. Most of the attorneys who retain Magnus are intelligent, sophisticated people who are hiring us because they know they are experts on the law, but they are not experts on human decision making. There is a small subset of our clients who do not seem to […]

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Get it Right – The First Time & Every Time

Not too long ago, I attended a lawyers’ luncheon at which the speaker was the president of the Florida Bar. He made a few comments about various challenges lawyers face with their clients, specifically, the expectation by the client that they essentially have all of the answers so that they get it right the first […]

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Attorneys do not usually have advanced degrees in psychology or social science. As such, many attorneys do not have a full understanding of the scientific method, scientific research techniques (including proper sampling of research participants), human decision making, group dynamics, etc. That is why, of course, attorneys routinely turn to Magnus (or one of its […]

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When losing is winning. Part 2.

Following on “When losing is winning. Part 1,” I’m writing now about another phenomenon that has been covered a bit in other posts. That is, defining winning. On the defense side of civil and criminal cases, some of them are, technically speaking, losers. That is, an outright defense verdict is unlikely no matter what – […]

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As David says, losing one’s lawsuit is relative. Sometimes, a loss is obvious, such as the time we worked for a client who lost a billion dollar case, had it overturned on appeal due to a legal technicality, then retained Magnus prior to the second trial. This client followed all of my recommendations (although, often, […]

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When losing is winning. Part 1.

Everyone wants to win, right? This post is being written to say winning isn’t everything. At least not in a mock trial. Regardless of whether it is a mock jury, mock arbitration, mock bench trial, or whatever, the process is not about winning. It is about debugging the case. It is about finding the problems […]

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The purpose of mock trials is not to “win,” rather, the purpose of conducting any type of litigation research is to assess the strengths and weaknesses of a case. In the decades I have been conducting pre-trial, pre-mediation, and pre-arbitration research for attorneys, I have worked with numerous clients who “get it,” and who truly […]

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