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    Jury Research Blog

    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

    Mastering Group Voir Dire: Tip 4—Capitalize on Open-Ended Questions

    Posted by Jeffrey T. Frederick, Ph.D. on Tue, May 16, 2017 @ 11:05 AM

     May 16, 2017

    Jeffrey T. Frederick, Ph.D.

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         So far in the Tips series, the focus has been on setting the stage for effective voir dire by (a) treating voir dire as a conversation with jurors (Tip 1); (b) using techniques that help jurors feel comfortable with speaking in court (Tip 2); and capitalizing on the initial hand-raising technique to encourage participation in the voir dire process (Tip 3).  I turn now to the nature of the questions themselves, in particular open-ended versus closed-ended questions.  While both of these formats have their place in a well-conducted voir dire, one format, open-ended questions, deserves special attention. Knowing how and when to use open-ended questions can vastly improve your effectiveness in jury selection. (Click here to see a short video for this tip.)

    Open-Ended v. Close-Ended Questions

         A major distinction in the phrasing of questions is whether the question is phrased in an open-ended versus closed-ended format.  Open-ended questions are those questions that do not provide the answer within the question itself.  These questions are often prefaced with phrases such as, “What do you think/feel/believe about . . .”; “Why?”; “In what way . . .”.  These questions focus jurors’ attention on the topic, yet leave it to them to formulate an answer. The following are examples of the open-ended approach:

    “How do you feel about patients bringing lawsuits against doctors over the treatment they received?”

    “What would your impression be of defendants in criminal trials who do not testify in their own defense?”

    “What is your opinion of the law that allows for money damages designed to punish a defendant?”

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    Topics: jury research, jury selection, Jeffrey T. Frederick, voir dire, voir dire setting, trial consultant, getting jurors to talk, questioning jurors, juror candor, juror honesty

    Mastering Group Voir Dire: Tip 3—Capitalize on Initial Hand-Raising

    Posted by Jeffrey T. Frederick, Ph.D. on Tue, Mar 21, 2017 @ 12:03 PM

    March 23, 2017

    Jeffrey T. Frederick, Ph.D.

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         In the first two tips in our series, I focused on encouraging attorneys to treat voir dire as a conversation with jurors (Tip 1) and to use techniques that help jurors become comfortable with speaking at the beginning of voir dire (Tip 2).  But much, if not most, of voir dire questioning relies on having jurors raise their hands in response to your questions.  Such hand-raising may be an end in itself or, as in many cases, is the gateway for follow-up individual questioning.  Whether it is questioning in smaller groups (e.g., 12-14 potential jurors or less) or much larger groups (20-30 or even 100 potential jurors), encouraging jurors to participate by raising their hands is of primary importance. While attorneys rely on jurors to raise their hands, jurors are often reluctant to do so.  Using techniques to encourage jurors to raise their hands at the beginning of voir dire (e.g., initial hand-raising) will help jurors feel more comfortable, fostering initial participation and setting the stage for greater participation as voir dire continues.  (Click here to see a short video for this tip.)

    Initial Hand-Raising

         Just as we considered “breaking the ice” with jurors at the start of voir dire by asking all jurors to participate using the initial background summary technique (five initial questions) in Tip 2, we need to break the initial reluctance of jurors to raise their hands as well. There are two basic approaches to accomplishing this task. The goal of both approaches is to have everyone raise their hands, but each relies on different mechanisms to achieve this goal.  The first approach relies on peer support, while the second approach capitalizes on the qualifications that all jurors share in being in the jury venire.

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    Topics: jury research, jury selection, Jeffrey T. Frederick, voir dire, voir dire setting, minimize uncomfortableness, trial consultant, getting jurors to talk, questioning jurors

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