Abstract

The importance of trial outcomes, in combination with high uncertainty about how to diagnose individual juror biases and verdict leanings, has led attorneys to seek aid from sources ranging from professional lore, psychics, private investigators, and graphologists to modern scientific jury selection services. This chapter explicates the manner in which both scientific and nonscientific diagnostic criteria may be used to help the attorney actually seat the most desirable jury. The chapter reviews scientific jury research procedures, with emphasis on those designed to develop accurate diagnostic criteria for juror favorability. It considers how this information may be used, in combination with noninformation and misinformation, to produce the best outcome during voir dire. Scientific jury research is employed for three general purposes: to evaluate an existing jury venue or venire, to aid in selection of the trial jury, and to adjust trial strategy to fit the seated jury.

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