Trial consulting is the use of social scientists, particularly psychologists and communication experts, and economists, to aid attorneys in the presentation of a criminal trial or civil lawsuit. [1] Modern trial consultants help prepare witnesses, improve arguments and rhetoric, focus group and mock trials, change of venue surveys, and select juries. [2]
Overview
Traditionally sophisticated jury selection methods were a mainstay of trial consultants, they now "place far less emphasis on jury selection than they did in the past", [3] and many in the field now prefer the term "trial consulting" to "jury consulting". [4] Since many cases are now settled out of court or decided by arbitration, some trial consulting firms have diversified to include mock mediation and arbitration sessions. [5] This is also the reason that many jury/trial consultants are now referring to themselves as "litigation consultants". [6]
The traditional mainstays of trial consulting remain important. They include witness preparation, shadow juries, mock trials, focus groups, community attitude surveys, and expert assistance with trial presentation. [7] [8]
References
- ^ Brodsky, Stanley L. (2009). Principles and practice of trial consultation. New York: Guilford Press. ISBN 978-1-60623-254-5. OCLC 436034162.
- ^ Hutson, Matthew (March–April 2007). "Unnatural Selection". Psychology Today. Retrieved February 23, 2017.
- ^ Kressel, Neil J. & Kressel, Dorit F. (2004). Stack and Sway: The New Science of Jury Consulting. Boulder, CO: Westview Press. pp. 86–87. ISBN 9780813342412. OCLC 55858096.
- ^ Strier, Franklin & Shestowsky, Donna (1999). "Profiling the Profilers: A Study of the Trial Consulting Profession, Its Impact on Trial Justice, and What, if Anything, to Do About It". Wisconsin Law Review. pp. 450–51.
- ^ Shapiro, Ari (June 9, 2005). "Jury Consultants and Arbitration of Civil Lawsuits". Day to Day. National Public Radio. Retrieved July 14, 2006.
- ^ Posey, Amy J. & Wrightsman, Lawrence S. (2005). Trial Consulting. New York: Oxford University Press. ISBN 9780195183092. OCLC 819414718.[ page needed]
- ^ Prosise, Theodore O. "Shadow Juries: A Unique Advantage in Civil Trials". Litigation News. American Bar Association Section of Litigation. Retrieved December 16, 2015.
- ^ Posey, Amy J. (2005). Trial consulting. Lawrence S. Wrightsman. Oxford: Oxford University Press. ISBN 978-0-19-804036-1. OCLC 65178143.
Further reading
- Strier, Franklin (1999). "Whither Trial Consulting? Issues and Projections". Law and Human Behavior. 23 (1): 93. doi: 10.1023/a:1022378824280. S2CID 143751371.
- Smith, R. Craig (2006). Championship Law: Seven Keys to Winning Performance in the Courtroom. Victoria, BC: Trafford Publishing. ISBN 9781412093729. OCLC 72981787.