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The news media thrive on stories of high-profile cases with scandalous clients, famous attorneys, and high-priced jury consultants who hand-pick juries guaranteed to be winners. Outside of Hollywood and high-profile cases, though, lawyer have differing opinions as to whether jury consultants are really worth their price when the methodology often remains rooted in psycho-babble and academics.

Access to jury research and the tools of jury consultants, however, doesn't have to be driven by an Ivy League dissertation or with a price tag from Tiffany's. Many of the methods relied on by jury consultants in large cases can be applied to small cases with relative ease. Jury consultants are primarily concerned with understanding and knowing the potential pool of jurors and forecasting how they will react to a particular case. A few simple research techniques can be applied to aid trial attorneys to select a jury right for the case. There are four basic steps to jury research before selection day:

• Research general market demographics of the potential jury pool;
• Identify key themes of your case;
• Profile the ideal juror;
• Conduct focus group mock jury research.

The first step in preparing to select a jury is to fully know and understand the area from which the jury will be pooled or, in marketing terms, conduct "market research." If you live in the county where you practice, you probably have a head start from your everyday life experiences. Even if you've lived somewhere all your life, however, a quick demographic study of the characteristics of the community will provide a good foundation in preparing for jury selection.

Demographic research can reveal the ratio of men to women in a given area, the breakdown of people by racial and ethnic backgrounds, socioeconomic factors, an economic profile of the major corporations, and major political issues facing a region. Obviously, the market may comprise many different income brackets and lifestyles, but pinpointing the different lifestyles and groups within the jury pool is a first critical step to jury selection research.

Generally, demographic and economic data on any given metropolitan area, and even most small towns, is available from the local chamber of commerce or convention and visitor's bureau. And, it's absolutely free! You can access their Web sites or call them directly, and they will send you any available information. There are also many other Web sites offering demographic information about most metropolitan areas.
(See, for example, http://www.mnplan.state.mn.us/demography/demog_03.html,
the gateway to demographic information for the state of Minnesota. ED.) This wealth of information is literally at your fingertips.

While it is true that those who appear for the jury pool may not always neatly fit into the demographic profile of your market, demographic research will provide important background about the environment in which all of the potential jury members live. Where each prospective juror fits into this mix can be ascertained through jury profiles and general questioning during voir dire.

 Jennifer C. Ball is a lawyer and communications consultant in Cincinnati, Ohio. Her article first appeared in the November-
December 2000 issue of Ohio Lawyer, and is reprinted here by permission.

"Jury research has shown that only one or two jurors will actively participate and lead the deliberation process. The other jurors will simply follow along."

The next step in the pre-jury selection research plan is to identify the key themes of your case, and then consider those themes in light of the demographic make-up of the jury pool. This is as simple as asking yourself the who, what, when, where, why, and how of your case. By identifying these factors you should be able to see where the jury pool fits into the case.

Setting the legal arguments aside, what is your case really about factually? Will jurors reflect on where they work, where they live, where they go to church, or their family relationships? Will their level of education matter? Will race matter? Will religion matter? Will economic status matter? Will type of employment matter? Based on the area from which the jury will be pooled, are the potential jurors likely to be similarly situated to your client or will they be starkly opposed to your client? Will they have a feeling of resentment because they are in a minority in the demographic make-up of the county?
Throughout the process, keeping in mind the major themes of your case will be critical in preparing for jury selection.

The third step of a pre-jury selection research plan is to create a profile of the ideal juror. You have identified the basic demographic profile of your potential jury pool and the major themes of your case, and now you can determine who in the jury pool is ideal for your case. At this point, a psychologist or sociologist may be well-worth a one- or two-hour consultation fee to help build a profile based on his or her expertise, but a little bit of common sense can often do the trick, too.

Ask yourself these questions. Based on the potential types of jurors out there for this trial, who will most likely be predisposed to my client's side? Who has a similar background? Who makes the same amount of money? Who will have deeply rooted stereotypes and beliefs that are consistent with my argument?1 Who may have had similar life experiences? Who lives in the same area?

Now, based on the questions you just answered, create a person. Create a man or a woman or both. Give them a name, a job, a family or none if that's the profile. Give them a history, give them an income and a lifestyle. Actually write out a profile and create a whole person.

Now, compare that profile with the themes of your case. Is this the person most likely to believe your argument? If not, modify your profile until the profile matches your case. While this may seem like a childish exercise, by writing and creating a person, you have also allowed yourself to become the ideal jury member, which will help you identify those potential jurors during selection.

A final step of pre-jury selection research is to test your case on a mock jury. While this can be a costly venture, it can also be a manageable project you handle yourself. If the stakes are high, it is wise to contact a professional jury consultant or market research company to professionally conduct the mock juries based on scientific methodologies. If you just want a grassroots approach and your client doesn't want to spend an additional $10,000 to $20,000 on a mock jury study, then the following are a few tips to create your own mock jury.

A mock jury is nothing more than assembling a sample jury, similarly situated to the jury pool, presenting your case, and then listening to them deliberate. The most important thing to remember in this process is that you are there for one reason only -- to learn how a jury might deliberate your case. You are not trying to write a paper to be published in the Harvard Law Review or prove what a phenomenal lawyer you are in front of the mock jury. You are trying to get a feel for how a jury will react to your case and how to present your case.

When taking a grassroots approach, one or two mock jury panels consisting of people you know may be able to provide valuable information for a fraction of the cost of a high-priced study.

First, you will need to select your jury panel members. To keep the budget low, ask coworkers, neighbors or friends if they know anyone who would be interested in participating for $50 or a gift certificate to a local restaurant. Amazingly, most people are willing to give an hour or two of their time for $50.

Always try to find someone once removed from your law office to ensure an objective deliberation. Also, try to find persons who reflect the potential jury pool as much as possible, realizing that the low-budget method is not as accurate as professional solicitation of mock jury members representing the actual jury pool. Another alternative is to solicit college students through the student affairs office. College students are easy to recruit; however, they can be problematic because they are far removed from the typical jury pool. And, naturally, don't invite lawyers to participate in a mock jury!

Second, you will need to set up a time and location for your mock jury study. You may want to schedule two or three evenings of mock trials lasting approximately two hours each. Most people will have more flexibility to attend an evening session; however, you may want to consider convening a group during the day as well. If your office is accommodating, set up a conference room with snacks and soft drinks. You will also need a video camera to tape the presentation and deliberation process. If your office is not large enough to accommodate this project, most hotels or meeting facilities can provide an ideal setting for a small fee.

Third, it's time to conduct the study. Take about a total of one hour for each side to present a brief version of the case. You may want to include a brief opening statement, review the evidence you plan to present at trial, and briefly close. You should condense your case into one-half hour and have a colleague present your opponent's side of the case with equal care and attention in the second half hour.2

Once both sides have presented the case, give the jury one hour to deliberate. During deliberation, it is best that you not be in the room. You are having the deliberation videotaped so you can watch it later and analyze the jury's reactions more closely. A colleague, preferably a nonlawyer, should be operating the camera. The most important rule to make this an effective mock jury is that no one should interact with the jury during deliberation. The jury should be given standard instructions, select a foreman, and proceed with discussing the case and reaching a decision absent any outside interaction.

A professional researcher would recruit jury panel members who are representative of the potential jury pool and provide a formal analysis of the deliberation. This low-budget approach means accurate mathematical representation is not possible. The results and insight you gain just from going through the process, however, may be equally as valuable.

The final step is to review and analyze the tapes of your mock jury. When reviewing the tape of the deliberation, look for the types of individuals who lead the discussion on your side. Jury research has shown that only one or two jurors will actively participate and lead the deliberation process. The other jurors will simply follow along.3 Once momentum begins in one direction set by the leaders, the verdict is all but voted on.

If you can identify the profile of the juror who most strongly agreed with your side and note why they agreed with your side, then you have enhanced the profile of the juror you are looking for in voir dire. Analyze whether that juror's predisposition to your side had anything to do with your presentation or if it was related to some life experience of that juror or other deeply rooted beliefs or stereotypes. By pinpointing key characteristics of mock jurors who believe in your arguments, you can identify key potential jurors in selection and bolster your presentation at trial. You will also learn where jurors are confused about your case or are misunderstanding critical facts.

"Too many strong jurors will lead to butting heads in deliberation and ultimately delay the process, providing unpredictable results from deliberation."

"try to find persons who reflect the potential jury pool as much as possible, realizing that the low-budget method is not as accurate as professional solicitation of mock jury members representing the actual jury pool."

If you've followed these steps, then by the time you walk into the courtroom to select your jury, you will have a good idea of the range of types of people in the jury pool. You will have identified your key themes, created a profile of the ideal juror for your panel, and you will have already seen mock juries in action, giving you an idea of what types of jurors are predisposed to your argument. Obviously, your primary objective is to dismiss jurors based on bias and attempt to impanel an objective jury. As an advocate, however, you are at an advantage if you know which types of jurors are most likely to be predisposed to your arguments and which jurors are likely to be biased against your arguments.

The jury research you've conducted should have revealed potential biases and should assist you in asking questions to identify and dismiss those jurors you do not want on your panel. Through your research and your knowledge of what type of jury will be most receptive to your presentation, you can use your peremptory and for-cause challenges to impanel the two or three critical jury members needed to influence the jury in your favor.

To best use your jury research during selection, first identify leaders in your potential jury panel. Studies on juries repeatedly uncover consistent characteristics of the lead jury members. Typically, dominating and lead jurors have a higher level of education, have a higher status of occupation and income level, and are more often men.4

Nonverbal communication during the voir dire process will also be a key indicator to identify the leaders. If jurors can't make eye contact with you, they are not likely to be the more assertive members.

The second step in using your research during jury selection is to quickly assess whether the leaders in the jury pool fit the juror profile you created during your research. If you have to think about it, you probably don't want them on your jury. You may want to assign an associate to particularly note these issues during voir dire.

Once you've selected your front-runner strong jurors, predisposed to your side, then take as many passive jurors as you can. Too many strong jurors will lead to butting heads in deliberation and ultimately delay the process, providing unpredictable results from deliberation. The passive jurors will not oppose your leaders and will serve an equally important role of following the leaders you have selected for the jury. Theoretically, if you have selected two or three strong jurors predisposed to your arguments and you appeal to their preexisting beliefs, then those strong jurors will lead the passive jurors to a verdict in your favor.

There are many pre- and post-jury selection techniques used by consultants to aid lawyers in effectively presenting their cases at trial and this article briefly touches on a few of the preselection techniques. The core purpose of a jury trial is for the jury to determine which version of the facts is true. As the trial lawyer, it's your job to persuade them that your story is more believable than your opponent's.

As in presenting any persuasive message, identifying and understanding the audience, or jury in this case, is the foundation for an effective presentation. In a trial, you have the luxury (or chore, depending on your viewpoint) to select a jury most likely predisposed to your case and to eliminate biases unfavorable to your case. Hiring a high-priced consultant may sometimes be the answer; however, basic research methods can also prove to be valuable tools in preparing for trial. You don't have to be involved in a high-profile case or have a client with deep pockets to afford and manage pretrial jury research.

The next time you have an important case that could benefit from some additional pretrial support, or when you are faced with a David and Goliath scenario where the other side will invest in jury consultants, consider relying on these techniques to enhance your pretrial preparation and ability to serve your client in the courtroom. The next time the judge says, "The jury may be seated," you'll be ready.

1 Sociological research shows that it is easier to reinforce an existing belief than to change a belief. Given the limited context of most trials, it is therefore more effective to reinforce existing beliefs than to try to change beliefs or deeply rooted stereotypes. By selecting jurors predisposed to your point of view with preexisting beliefs aligned with your viewpoint, you will be more successful in presenting your message at trial. Anderson, N.H. & Graesser, C. C., "An Information Integration Analysis of Attitude Change in Group Discussion," Journal of Personality and Social Psychology 24: 2 (1976), 210-222.

2 If your case is complex, you may want to schedule a longer session on a Saturday for three to four hours to allow for more time to present the case. In turn, you will want to offer your participants an additional incentive for their time (i.e., more money.)

3 Simon, R., The Jury: Its Role in American Society (1980). Saks, M., Jury Verdicts: The Role of Group Size and Social Decision Rule (1977).

4. Pennington, N., "Causal Reasoning and Decision Making: The Case of Juror Decisions." Doctoral Dissertation, Harvard University, (1981). Pennington, N. and Hastie, R., "Juror Decision-Making Models: The Generalization Gap," Psychological Bulletin 89:2 (1981), 246-287. Hastie, R., Penrod, S. , and Pennington, N., Inside the Jury. London: Harvard University Press, 1983.