I was recently reading an article that was published a few years ago in our local bar journal about the common pet peeves of our local judges here in Portland, Oregon. As I read the list, I was struck by the similarities to what jurors say are their top pet peeves. As a trial consultant, I’ve interviewed jurors for post-trial debriefings, shadow jurors, mock jurors, and watched and listened to jurors in countless jury selections. With this background, below is a list of what I’ve consistently heard from jurors; not surprisingly, what irks judges also irks jurors. Continue reading →
In this episode of The Sniper Defense, Podcast Playbook for Defense Attorneys, Thomas O’Toole, Ph.D. discusses a process that defense attorneys can use to develop effective defense strategies and themes.
It is a scary proposition to hand a case that you have worked on for months or years over to a jury for final adjudication. With all that’s on the line, it’s actually quite preposterous when you think about it. It took you months or years to learn enough about the case to bring it to trial and present it. Now you’ll hand the fate of all that work over to a small group of random people, who probably knew nothing about the issues in the case before they showed up for jury duty. You have no clue what they will do. All you can do is wait and hope.
It doesn’t necessarily have to be this way. As I’ve discussed in previous blog posts, attorneys focus too much on strategies for persuasion at the expense of strategies for controlling deliberations. A persuaded juror is not necessarily an influential juror and this is important because the safest bet for any attorney is to assume there will be some division amongst the jurors when they enter that deliberation room. Strategies for persuasion do very little for the attorney in this scenario. Either they were persuaded or they were not. Now, the jurors need to figure out how to resolve the division and render a verdict. Continue reading →