Question for attorneys and law students

[Mike 03]

Is there a technical designation or type of science that applies to the study of "how jurors think" or the study of juries?

I Googled a bit for something on this topic, but didn't locate anything of great significance.

Two topics I would LOVE to find textbooks, hornbooks, casebooks about:

1. Being a Judge and the considerations involved, including jury instructions, limiting instructions, dealing with counsel, etc...

2. The nature and psychology of juries/jurors.

Any recommendations would be appreciated.

[The Velveteen Ocelot]

1. It's usually called jury research.

In big cases lawyers will often hire trial consultants who analyze cases to help the lawyers figure out what the "ideal" juror might be like and how to present the case in the most persuasive way. Trial consulting is big business.

I just remembered something: Years ago, when I was still practicing law, a couple of lawyers I knew sometimes used something called neurolinguistic programming (NLP) when picking juries. It actually seemed to work pretty well.

[paulsby]

10. years ago

in one of my trial prep classes, i was taught that the average functional level of a juror is 8th grade.

i have NO idea if that's true or not. kind of hard to tell, since you can't hear their deliberations, all you know is the verdict. they rarely ask questions (in many jurisdictions, criminal court juries CAN ask questions, but it is rarely done). grand juries otoh, frequently ask questions, and i loved grand jury testimony.

[kestrel91316]

2. I don't know. I CAN tell you that I am presently on call for jury duty

and it is proving extremely disruptive to my practice and I am a really unhappy camper because of it. I have had to turn away a couple of new clients with really sick cats for appointments because I won't know until at least 6 PM tonight whether or not I will be in the office tomorrow, and won't know until the end of the day tomorrow whether I will be here Wednesday. Etc etc etc. And I had to send a $1000+ surgery case (good long-term client) to a colleague for the same reason.

Why on earth they think that sort of crap could result in an unbiased, happy juror is beyond me. I'm gonna take a huge financial hit whether or not they even use me, and at a VERY bad time.

[Laelth]

4. You're probably too bright to be selected.

Just curious, though. If you were selected, upon which party would you be more likely to vent your anger? Plaintiff or Defendant?

:dem:

-Laelth

[kestrel91316]

6. Well, if it's a criminal case I'm not feeling too charitable toward the state

right now, lol. In a civil case I would simply be too worried about unpaid overdue bills to give the case the attention it deserves.

I'm sure I can come up with some relevant bias if need be, lol.

[The Velveteen Ocelot]

5. Most courts have processes for excusing jurors who can show hardship.

Lawyers would rather have jurors who can concentrate on the case rather than worrying about their businesses or personal lives. Have you asked the court clerk if there is a way out for you before you have to sit through the selection process?

[kestrel91316]

7. Los Angeles doesn't give a damn about financial hardship for jurors anymore.

And I have to sit through selection. But for now just being on call is disruptive enough.

[kestrel91316]

9. I just called in - they don't need me tomorrow. So I DON'T have to call all

those clients who have appointments and cancel at the last minute. Whew.

But I still had to send the big surgery away. @#*%^#*@$*$()@*!&

[rug]

3. You can buy a textbook but I don't think it's worth the price.

http://books.apa.org/books.cfm?id=4316081&toc=yes

[Mike 03]

8. Wow, that is tempting.

It's fifty dollars at Amazon.

Thanks for flagging this book.