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Jury Selection

Decision Analysis consultants are available for all phases of jury selection, from the development of jury questionnaires and voir dire questions to aiding attorneys in picking actual jurors in trial.
Decision Analysis carefully designs questionnaires to effectively address judicial criteria and the negotiation of question design with opposing counsel. More importantly, every question is designed and sequenced in the questionnaire to discover potential cause or peremptory challenges while hiding positive qualities that might alert opposing counsel to the same issues. We then design questions to discover what attitudes, life experiences, and personality traits that will affect how a potential juror will listen to the case as well as how they like to get information to optimize their comprehension and decision-making. If time allows, we enter the key juror profile data into a computer to come up with an individual rating and ranking of the highest risk jurors. We then prepare follow-up questions for each juror to validate these responses as well cause development or rehabilitation questions.
Voir dire questions are designed to elicit both cause and peremptory strike information as well as to understand the attitudes, life experiences, values and thinking process of the jurors. We develop a plan designed to prime the Judge as to our concerns about bias toward the case as well as instruction on the specific wording to elicit the most candid responses from jurors. These questions are developed with psychological principles in mind in order for us to make the most informed choices in the final selection process. While a good portion of voir dire is developed prior to the trial date, we also offer follow-up and additional questions in court, in response to juror feedback or reactions.
If time allows, we conduct online jury research into the specific jurors under the ABA guidelines to see if there is any publicly available information that reveals additional life experiences, personality, biases, or decision-making patterns in the particular juror.
After utilizing all of the information that Decision Analysis has evaluated from the questionnaires, voir dire, and any prior jury research, we look for specific micro-expressive nonverbal clues to reveal additional personality and psychological traits in the jurors that either conform to or contradict our prior evaluation. We then evaluate their social styles in conjunction with answers to voir dire questions and other juror responses to forecast the prospective jurors’ likely behavioral patterns and decision-making tendencies in their group and deliberation dynamic. Jurors are also evaluated on leadership and group consensus traits to see how well they work with other jurors in arriving at a verdict.
With skillful appraisal, one can reasonably determine how jurors may process and respond to different testimony, evidence, presentation styles, and key issues. A number of the criteria used in this evaluation process include: the answers potential jurors give, the way in which they answer (word choice, length of answers, articulation, nonverbal responses, etc.), and their interaction with other jurors, the attorneys, and the court. From this, we then compose a risk rating for each juror. Collectively, this information is used to strategically issue cause challenges and peremptory strikes as well as to develop profiles of the people who will decide the outcome of a case.
Finally, we compose a panel profile of the final jurors chosen along with recommendations on how to present the case to specifically address the life experiences, attitudes, values, and decision styles of the sitting jury.