Jury consultants
(Trial Consultants)
Jury consultants were used in the
fictional trial that is the subject of the novel and movie The Runaway
Jury. Rankin Fitch, "jury consultant for the defense,'' is a villain
whose team uses high technology and sometimes-illegal tactics to prevent
a judgment against their corporate client.
An ethical jury consultant does not
practice such illegal acts. Instead, the jury consultant is
usually a skilled observer of human behavior. Often the jury consultant
has a degree in behavioral science or psychology, and may also have a
dual degree in law or criminal justice.
It has been argued that the United States
courts do not begin with the assumption that a juror will perform his
duties in accordance with his oath by setting aside whatever biases or
preconceived notions they have and by following the judge's
instructions. On the contrary, courts and lawyers frequently expend
significant amounts of time and money on researching prospective jurors'
attitudes and lifestyles often with the aid of a hired jury
consultant, in order to satisfy themselves about the citizen's
competence to serve as an impartial juror. There is, in effect, a
presumption of bad faith. (The
United States Attorneys' Bulletin -
full text)
A jury consultant, by using
knowledge about human behavior helps trial lawyers select the jury
members that are, in their opinion most likely to see the case the
lawyer's way. In most large trials these days there are jury consultants
behind the scenes.
It is the jury consultant's job
to match the minds of potential jurors to the case. Some lawyers have
stated that it borders on malpractice not to use jury consultants if the
money is there. Some might not agree, but trial consultants have become
permanent fixtures in the recent wave of high-profile trials.
A judge's view of
Jury Consultants
It is difficult to pinpoint what jury
consultants might charge. It depends on the case, but rates of $30,000
for jury focus groups, twice that for a mock jury trial has been
mentioned in law articles.
Jury consultants
assist with
mock juries, pre-trial research, witness impact focus groups, jury
research etc.
They help trial attorneys prepare their cases from a jury's perspective.
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