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To
see some recent profiles of seated juries in selected venues,
click
here.
Community Surveys
Community surveys assist in determining case value for settlement purposes
and developing an ideal juror profile for jury selection. We also identify
demographic and attitudinal characteristics of a trial venue. Respondents
are read a brief case description to test their reactions to fundamental
case issues and identify new issues to be tested in further research. Surveys
may be small, focusing on specific issues or they may be larger and more
representative, depending on your case and jury selection needs. Through
multivariate statistical analysis, TBC creates a model of characteristics
found to be most predictive of jurors' predispositions, whether they are
plaintiff-oriented or defense-oriented. We evaluate the predictive power
of possible questions and develop a juror profile and strike strategy to
be used in juror questionnaires, voir dire and jury selection.
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Voir Dire
TBC will draft thematically oriented voir dire questions that you can use
in combination with a written questionnaire or alone, if the court will
not allow a questionnaire. We prepare our voir dire questions based on the
specific issues in your case, drawing on our extensive in-house "question
bank." We can also work with you on effective voir dire communication
strategies, practice with you and provide suggestions for achieving successful
cause challenges.
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Juror Questionnaires
The use of written questionnaires to assist in the selection of jurors has
become increasingly popular in the past ten years. Research and experience
clearly demonstrate that potential jurors provide more open and honest answers
in response to a written questionnaire than in response to judge or attorney
conducted voir dire. Attitudes and experiences, more than demographic attributes
like race, gender or age, drive juror thinking and decision-making.
We design written juror questionnaires
specific to your case that uncover detrimental attitudes and experiences.
We also assist the trial team in preparing arguments to persuade the Court
to adopt the questionnaire.
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Jury Selection
If you have a jury questionnaire, after the questionnaires are completed,
we evaluate them, summarize them in a form easy for you to scan and review,
and write voir dire questions for each prospective juror.
We accompany you to court for
jury selection. If there are questionnaires, we make sure the appropriate
questionnaires are handy as jurors are questioned. We take detailed notes
on voir dire responses and ensure you have the jurors' own words to assist
you in making cause challenges. Based on knowledge of juror attitudes and
juror responses during voir dire, we make suggestions for peremptory and cause
challenges. We also prepare and maintain seating charts to help keep track
of jurors in the box.
After the jury is sworn, TBC
summarizes the known information about individual jurors, describe the jury
as a group, and make recommendations about case presentation in relation to
what we have learned about the jurors.
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Shadow Juries
TBC places shadow juries in the courtroom to observe trial proceedings and
provide daily feedback. Shadow juries are selected to match the selected jury
as closely as possible in terms of demographic and experiential characteristics.
At the conclusion of each court day, we interview the observer jurors to identify
the strengths and weaknesses of the case presentation as the trial progresses.
This ongoing trial feedback enables the trial team to strengthen weak areas
and clarify areas of misunderstanding as well as assess the progress of the
case and make more informed decisions about settlement during the course of
trial.
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