I have a strong affection for most television shows. Whether it be one of the "Real Housewives" franchises or something a little more wholesome like "Cops," I am easily enticed by nearly any show I start. A few weeks ago I started a new show that immediately captivated my interests called "Bull." "Bull" is a fiction, law-based show that has found its niche by focusing on the psychological and data analytics side of jury selection in both criminal and civil trials. "Bull"is actually based off of the trial consulting firm that Dr. Phil McGraw used to run before appearing on his talk show, "Dr. Phil."
While "Bull"takes slight creative freedom in their predictability of how a jury will vote on a case, trial consultants do use the information given to them via juror questionnaires, voir dire and independent research to learn as much about the jury as possible. With this information, they often analyze the dynamics of the jury to pick out who they feel will be a strong leader and one that will be able to sway the rest of the jury. By choosing a leader, they are then able to construct arguments that they think will best get that specific juror to side with their argument.
Once this information is collected, trial consultants can begin to prepare their witnesses and construct mock trials to see what arguments might sway the jurors the most and furnish a successful outcome for their client.
While trial science is a proven and popular method for trial success, most trial attorneys have to rely on their own experience of learning to read the emotions of their jurors. Since a fair amount of jurors lie, attorneys must be able to read into body language and assess the potential biases that the jurors possess in order to make the strongest argument for their client. Note-taking, sleeping, and smiling during trial all have the potential to indicate what a particular juror might be thinking. A note-taking juror might indicate someone who wants to rely on the facts of the case to make a decision. The juror that dozes off during cross-examination could still have the potential to argue their opinion during deliberations. Understanding what each action means coming from a particular juror is crucial.
Attorneys need to be especially educated and intuitive to be able to look for the stealth jurors, as well. These jurors don't often appear to be eager to serve as a juror and they can hide their true feelings. They often will not admit to knowing anything about the case or client but in fact have a hidden agenda motivated by their social, political, religious or moral opinions. They are capable of swaying other jurors and they can attempt to influence the outcome of the trial.
So whether they hire a professional trial consultant or choose to rely on their own expertise, the success of a trial attorney is dependent on their everyday learning of human behavior, a skill that will benefit not only attorneys but every person in any walk of life.