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Trial Preparation - Integrating Jurors' Perspectives (From Jurywork - Systematic Techniques - Second Edition, P 9.1-9.40, 1983, Beth Bonora and Elissa Krauss, ed. - See NCJ-90582)

NCJ Number
90590
Author(s)
S MacPherson; E Krauss; B Bonora; D Willey
Date Published
1983
Length
40 pages
Annotation
Jury research using community and case analysis, interviews, attitudinal surveys, and trial simulations enables the trial team to obtain a more complete picture of the attitudinal and social structure of the trial jurisdiction and adjust their voir dire and presentation strategies accordingly.
Abstract
The case analysis method addresses the following issues: the case's strengths and weaknesses, major questions that jurors might have about the case, how case theory and presentation can be reshaped to respond to these questions, and the effect of jurors' attitudes and experiences on their analysis of case issues. The National Jury Project's approach to case analysis begins with initial examination of case facts and theories for jury selection. It tests theories through traditional social science methods which rely on interviews with lay people and analyzes the results. The final theories are then applied to voir dire strategies and case presentation. Community analysis provides an overview of the social, economic, and attitudinal structure, based on census reports, referendum results, and a small number of interviews with local residents. Case interviews emphasize respondents' reactions to and questions about a specific case. Both methods used juror eligible adults and case be combined into one interview. Attitudinal surveys and trial simulations require considerably more time, expense, and expertise. Surveys typically rely on telephone interviews with many hundred respondents, and simulations are highly structured mock trials presented live or on videotape to a mock jury. This paper presents guidelines on conducting the community and case analysis studies, methods which are easily adapted to cases when time and resources are limited. Data sources, topics to cover in an interview, respondent selection, analysis, and application of results to voir dire, juror evaluation, and case presentation are considered. Examples and 12 footnotes are included.