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    Jury Research Blog

    ABA Publishing Announces the Release of Two Books on Jury Selection by Jeffrey T. Frederick, Ph.D.

    Posted by Jeffrey T. Frederick, Ph.D. on Tue, Feb 27, 2018 @ 11:02 AM

    February 27, 2018

    Jeffrey T. Frederick, Ph.D.

    ABA Publishing Announces the Release of Two Books on Jury Selection by Jeffrey T. Frederick, Ph.D.

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         The American Bar Association’s Solo, Small Firm and General Practice Division announces the publication of two books on jury selection by one of the nation’s most experienced trial consultants. Since Mastering Voir Dire and Jury Selection: Gain an Edge in Questioning and Selecting Your Jury first appeared in 1995, its content has continually evolved, responding to changes in the law, social science research, and developments in jury trials. Its newly revised Fourth Edition includes an extensive discussion of the opportunities and challenges presented by the prevalence of the Internet and social media in jurors’ lives, and the applications of civilian voir dire and jury selection techniques to military courts-martial.  The second book, Mastering Voir Dire and Jury Selection: Supplemental Juror Questionnaires, serves as a companion to the Fourth Edition. The book examines how to develop and use supplemental juror questionnaires and provides supplemental questionnaires used in more than 20 significant criminal and civil trials across the nation.

    Mastering Voir Dire and Jury Selection: Gain an Edge in Questioning and Selecting Your Jury, Fourth Edition

         This much anticipated and expanded fourth edition goes beyond other books on jury selection and focuses on the skills needed to conduct effective voir dire and jury selection, ultimately improving your chances of a favorable verdict at trial. This valuable guide will help you understand effective voir dire and jury selection strategies and adapt them to the unique circumstances you face in your trial jurisdiction.

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    Topics: jury research, group voir dire, jury selection, social media, juror questionnaires, Jeffrey T. Frederick, voir dire, trial consultant, questioning jurors, jury honesty, nonverbal communication, social media and jurors, Internet research, agenda jurors, common problems in jury selection, juror misconduct, challenges for cause, how to ask questions for jurors, peremptory challenges, Batson, individual voir dire

    Mastering Group Voir Dire: Tip 6—Craft Questions With the “Bad” Answer in Mind

    Posted by Jeffrey T. Frederick, Ph.D. on Fri, Feb 9, 2018 @ 09:02 AM

    February 8, 2018

    Jeffrey T. Frederick, Ph.D.

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         So far, our Tips series has focused on setting the stage for effective voir dire (Tip 1; Tip 2; and Tip 3), capitalizing on open-ended questions to increase our understanding of jurors (Tip 4), and avoiding the “looking good” bias (Tip 5). Our next tip addresses potential “bad” answers and how to use them to ask better questions and get better overall results. (Click here to see a short video for this tip.)

    Bad Answers

         Our goal in jury selection is to identify potentially unfavorable jurors whom we need to remove either through challenges for cause or peremptory challenges. The unfavorability of jurors is primarily based on their having opinions and values that would lead them to view your client’s case negatively or, conversely, to view your opponent’s case positively.  While jurors certainly may have had relevant negative experiences or work experiences in areas unfavorable to a client, our attention here is on the jurors’ unfavorable opinions and values themselves.  That is, we look for the unfavorable opinions and values, what we term “bad” answers, as reflected in what jurors tell us during voir dire (or on supplemental juror questionnaires).  The following are a few of the topic areas where “bad” answers are likely found:

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    Topics: jury research, group voir dire, jury selection, Jeffrey T. Frederick, voir dire, trial consultant, questioning jurors, jury honesty, looking good bias

    Mastering Group Voir Dire: Tip 5—Avoid the “Looking Good” Bias

    Posted by Jeffrey T. Frederick, Ph.D. on Tue, Jun 13, 2017 @ 15:06 PM

    June 7, 2017

    Jeffrey T. Frederick, Ph.D.

                The initial tips in our Tips series have focused on setting the stage for effective voir dire (Tip 1; Tip 2; and Tip 3) and capitalizing on open-ended questions (Tip 4) to increase our understanding of jurors.  Now I turn to a major problem in jury selection, the looking good bias, and how to avoid evoking it in jurors. (Click here to see a short video for this tip.)

    Looking Good Bias

                The “looking good” bias (i.e., the socially desirable response bias) is an impression management strategy designed to portray a positive image of oneself to others.  This bias promotes responses that are not true reflections of the individual’s beliefs or experiences, but reflect a desire by the individual to have others think positively of him or her.  In the case of jurors, this looking good bias fosters answers that reflect what jurors think the lawyer wants to hear or what they think are socially acceptable answers designed to create a positive impression of themselves. Obviously, this is exactly what we don’t want jurors to do. The looking good bias is fundamentally different from biases that can arise out of (a) exposure to case information whose influence is unrecognized by jurors or (b) implicit bias that reflects a general bias against a party.

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    Topics: jury research, group voir dire, jury selection, Jeffrey T. Frederick, voir dire, trial consultant, questioning jurors, jury honesty, looking good bias

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