Jury Selection: "Gut" Versus The Juror Profile
While he writes that some instantaneous decisions can be disastrous (such as the shooting of Amadou Diallo in 1999 by several policemen), the main interest in his book comes from those times that people make very quick decisions that turn out to be very good decisions.
One example he uses is about the decision of the Getty Museum to purchase a sixth century B.C. kouros (a sculpture). The decision was not made until a great deal of scientific study was done. However, a number of art historians and curators took one look at it and immediately thought that something was amiss. The kouros turned out to be a fake.
In litigation, perhaps the most crucial moment when fast decisions are called for is in the jury selection process. Often the decision about who to strike must be made in a matter of minutes or even seconds. What is often at war is the "gut" feeling of the attorney and the scientific data that have been collected, analyzed, and turned into a juror profile. Which is better: the "gut" feeling or the scientifically developed juror profile?
One important point that Gladwell makes is that decisions made in a "blink" are more likely to be good decisions when the decision-maker has a great deal of experience with and knowledge of the subject matter about which he or she is deciding (as in the psychologist John Gottman's ability to predict the future success of a marriage after listening to only five minutes of conversation between a husband and wife).
There could be a huge range in the quality of the "gut" feeling of an attorney who has picked dozens of juries for the same type of case and the attorney who is doing this for the first time. Gladwell also points out that under certain circumstances the quality of a decision can be affected by having too much information.
I have often seen attorneys that get so caught up in the minutiae of a complex juror profile that they fail to pay attention to the gestalt—the whole—of the person being profiled. It must also be remembered that a juror profile is never one hundred percent valid. In fact, a very good profile is one that is good two-thirds of the time.
There are also differences between bad and good jury profiles. A bad profile will simply be a list of characteristics that have been shown to be statistically related to verdict predisposition (although there are powerful statistical models like logistic regression that can generate ideas about the predispositions of potential jurors).
A good jury profile is built on a theory of what will determine a verdict predisposition. Here you will have a sense of the type of person who will be predisposed to decide one way or another. It does not depend on discrete characteristics, but how those characteristics hold together to describe a person.
Indeed, it could be argued that it is extremely difficult to make a good jury selection decision using any method. As my colleague, Ross Laguzza, has pointed out, jury selection is about trying to predict the decision that will be made by an almost complete stranger at some distant point in the future—a task that would be difficult to do even with someone you know very well.
In the end, the best jury selection decision will be made by an experienced attorney who has internalized a good jury profile (that is, he or she believes it and intuitively understands it).
When we work with attorneys in the jury selection process, we make a point of telling them not to ignore their "gut" and to factor it into their actions. How much it should be factored in depends on the amount of experience the attorney has in selecting juries in the past and how successful that experience has been.
But, in the end, our clients are the ones who will be held responsible for the decisions they make.
Related Tags: attorney, decision making, jury selection, juror profile, litigation
David S. Davis, PhD is a founder of and principal in R&D Strategic Solutions, trial consultants and jury consultants specializing in mock juries, voir dire assistance, and jury consulting. Your Article Search Directory : Find in Articles
Recent articles in this category:
- How to Hire a Personal Injury Attorney Toronto
There is no question that suffering from a personal injury is an incredibly difficult thing to have - Finding the Best Personal Injury Lawyer
Should you be the victim of an accident that just simply was not your fault and you have received an - DUI Perpetrators Must Seek Expert Help
It is obvious, as we progress further into the future, that behavior that puts others at risk is not - To Find the Best New York Attorney Buffalo is Still the Best Choice
If you need an attorney in New York, you would surely have a lot of options. New York has 10 cities - If You Need a Great Wisconsin Attorney Madison is the Way to Go
Are you in need of a great Wisconsin attorney? If you are from Wisconsin and need a great attorney M - What Is The Importance Of An LLP Agreement
An LLP agreement is an important contract, since without such a document the Limited Liability Partn - Personal Injury Lawyers - Get Help at Your Doorstep When Injured
As soon as you are involved in an accident, it is usually quite common for you to be injured maybe i - Personal Injury Lawyers - Knowing If You Are Entitled For a Claim
No doubts accidents do take place; however that does not mean that you should take up the liabilitie - Personal Injury Lawyers - Claiming Compensation For Your Injuries Some Tips
When you are injured, the next thing is you should know what legal rights you have; this will provid - Personal Injury Lawyers Help Victims of Car Accident Claim Financial Damages
People living in Toronto go to work through different modes of transports like trains, buses and car
Most viewed articles in this category:
- Mesothelioma Lawyer - Asbestos Attorney - Mesothelioma Lawsuits & Lung Cancer Information
Mesothelioma is one of the most tragic diseases ever to strike the working man. Due to decades of m - Michigan Personal Injury Lawyer Courts
The Michigan Courts were created by the Constitution of 1963, Article VI, and Section 1, under which - What is Entrapment?
Question: What is entrapment?Criminal Defense Lawyer: Entrapment is a defense raised by a defendan - Top 10 Tips On How To Win Your Road Traffic Accident Case
If you happen to be pursuing this thing right now then here are the top ten tips on how to win your - Agency Law
Agency Law The origins of the doctrine of necessitous intervention by someone who is in a legal rel - Procedure Of DWI In U.S.A.
ALR (Administrative License Revocation) A Program to suspend the driving license Of Drivers Which a - Mesothelioma Lawsuits Surging in United States
Mesothelioma is a cancerous disease where malignant cells develop in the lining of the chest or the - Forensic DNA Testing
Forensics is defined as the study of evidence found at a crime scene and used in a court of law. For - Arizona Drunk Driving Law, Az Drunk Driving Law & Arizona Drunk Driving Charges
Arizona drunk driving is one of the most common and deadly mistakes in Arizona while driving. Defens - Worried About the Fair Debt Collection Practices Act?
Do you work for a financial institution that collects debts? If so, do you know whether the Fair De