NCJ Number
189059
Journal
Forensic Examiner Volume: 10 Issue: 5/6 Dated: May/June 2001 Pages: 13-18
Date Published
2001
Length
6 pages
Annotation
This paper reviews the current performance of professional jury consultants and identifies why they are not being as effective as they could be.
Abstract
Many jury-selection experts are not using established psychological principles that help identify factors that influence a juror's decision making in the context of the trial format. Jury selection is an important area of the trial process, because research has shown that jurors' belief systems do affect the outcome of the trial. Many commentators in the humanities, behavioral sciences, academic field, and legal profession have noted that narrative plays a significant role in legal decisions. They postulate that jurors begin their decision-making process by constructing a narrative or a mental model to explain the facts they have heard in the trial. Jurors construct an intermediate summary to the evidence that is presented and explained in the trial, rather than using the original raw data; their constructed summary is the basis for their final decision. The juror's construction of "what happened" stems not only from information presented at the trial, but also from the juror's own background, experience, and knowledge. The two kinds of juror knowledge that are critical in the decision making process are expectations about what makes a complete narrative and knowledge about events similar to those that are central issues in the case. The task of the professional jury consultant is to determine how particular prospective jurors might construct "what happened" based on their belief systems and life experiences. 120 references