Mock trials and jury research, such as focus groups, are essential for trial preparation. They help attorneys refine their arguments, anticipate issues, and boost their chances of success in court. Mock trials also provide attorneys with feedback on convincing, unclear, or problematic case elements, allowing improved strategy, foresight on potential issues, and better judgment during the trial. Below are frequently asked jury research questions and considerations for planning a mock trial.

What are jury research questions?

Jury research questions are the specific topics or issues that attorneys and trial consultants explore and test during the process of preparing for a jury trial. Jury research can be conducted via focus groups, simulated (i.e. mock) trials, and post-trial juror interviews. These inquiries are intended to uncover any biases, attitudes, decision-making procedures, and general juror opinions regarding the case. The goal is to gather data that will support the development of a trial strategy, from case presentation to jury selection.

Top Jury Research Questions to Consider

These questions are meant for attorneys to ask themselves to better understand jurors while preparing for voir dire or trial. 

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1. Case Understanding and Clarity

Q: How well do the jurors understand the legal issues in the case, and are there any aspects that they find confusing or difficult to follow?

A: Jurors' understanding of legal matters can vary significantly. Conducting research can pinpoint areas where jurors might face challenges, prompting adaptations in the case presentation. Certain legal concepts or intricate evidence can be perplexing, and detecting these concerns early on empowers attorneys to streamline or elucidate them during the trial.

Jurors may require additional background information, terminology explanations, or visual aids to fully understand the case details. Providing these can lead to better-informed deliberations.

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2. How many mock jurors should I use?

A: The number of mock jurors can vary depending on the objectives of the mock trial:

●  For predicting verdict and jury behavior: Typically, 18 to 24 jurors are optimal, divided into three groups of six to eight jurors each. This setup allows for diverse deliberations and provides a more comprehensive view of how different groups might react to the case.

●  Testing case vulnerabilities before mediation: A smaller group, between 12 to 18 jurors, might be sufficient if the goal is to explore specific issues or test the strength of certain arguments. This can reduce costs while still providing valuable insights.

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3. Juror Attitudes and Biases

Q: What pre-existing beliefs or biases do jurors bring to the case, and how might jurors’ attitudes toward certain topics (e.g. corporations, government, personal injury claims, specific industries) influence their decisions?

A: Jurors come into the courtroom with their own beliefs and biases, which can influence how they perceive the evidence and arguments. Identifying these biases can happen through targeted jury research questions and is a must during jury selection and case strategy.

Attitudes toward key topics can significantly sway a jury's verdict, and attorneys must consider juror confirmation bias during voir dire. Understanding these attitudes helps frame arguments that align with or counteract these biases. Targeted jury research questions can reveal these opinions and allow targeted voir dire and strategic adjustments during trial.

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4. Juror Decision-Making Process and Evidence

Q: What are the key factors jurors consider when deciding the case?

A: Witnesses, especially key figures like corporate representatives and fact witnesses, can heavily influence a trial's outcome. Jurors often base their decisions on the credibility and persuasiveness of witnesses. Additionally, presenting witness testimony, whether live, on video, or read into the record, makes the mock trial more realistic and provides a better test of how actual jurors might react to the testimony.

Different appeals elicit different reactions from juries. Knowing which appeals are most effective can enhance the persuasiveness of the case. If you're unsure whether certain evidence will be admitted at trial, it’s best to test both scenarios:

●  Test with the Evidence Included: Conduct one version of the mock trial with the contested evidence included. This will reveal how jurors react if the evidence is admitted.

●  Test Without the Evidence: Run a second version without the contested evidence. Comparing the results from both scenarios will help you assess the impact of this evidence on the jury's decision.

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5. Damages and Compensation

Q: How do jurors approach the issue of damages?

A: Jurors may vary in their inclination towards conservatism or generosity when awarding damages. It often depends on their personal ideologies. Understanding their decision-making methodology and philosophies can help shape discussions about damages.

Factors jurors consider when determining the amount of compensation, if any:

- The degree of injury, the defendant's accountability, and the effects on society are among the things jurors consider. Attorneys can better argue for just compensation by recognizing these elements and working them into their arguments. 

- Specific arguments or evidence can lead jurors to be conservative or generous in awarding damages. It often depends on their personal ideologies. Understanding juror decision-making methodology and philosophies can help shape discussions about compensation.

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6. Juror Group Dynamics

Q: How do jurors interact during deliberations?

A: Group dynamics can heavily influence the outcome of deliberations. Understanding how jurors interact can guide attorneys in framing arguments that are more likely to be persuasive during group discussions.

➔ Finding influential jurors or leaders could prove useful in developing arguments that appeal to these people, who have the power to influence the entire jury.

➔ Understanding the consensus-building process and arguments or evidence that play a pivotal role in swaying the group allows attorneys to craft arguments that are more likely to lead to a favorable group decision.

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7. Jury Perceptions of the Parties: Plaintiff and Defendant

Q: How do jurors perceive the plaintiff and the defendant?

A: The way jurors view the parties may affect their verdicts. Understanding perceptions, whether favorable or unfavorable, can be vital. Therefore, it's necessary to understand and sometimes even strive to deliberately change these opinions.

Identifying these can help prepare the parties for how they present themselves in court. Jurors often form opinions about the attorneys' strategies and behavior, influencing their perspectives. Understanding these reactions can guide attorneys in refining their courtroom approach.

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8. Testing Hypothetical Scenarios During Mock Trials

Q: How would jurors' decisions change if certain facts or evidence were different?

A: Testing hypothetical scenarios helps attorneys anticipate how changes in the case might affect jurors’ decisions and adjust their strategies. Responses to different legal theories can reveal which arguments are likely to succeed.

What would jurors do if presented with alternative explanations or defenses?

Understanding jurors' reactions to these alternatives can guide the decision on whether to introduce such defenses during the trial. Think of it like A/B testing for court.

If you’re unsure whether your co-defendant will settle, consider running two versions of the mock trial:

Co-Defendant Included

Evaluate how your case holds up with the co-defendants present. This will help you decide whether to collaborate with them or distance yourself from them.

Without Co-Defendant

Simulate the scenario where the co-defendant has settled, leaving you alone to face the plaintiff. This prepares you for the worst-case scenario and allows you to adjust your strategy.

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9. Where should I hold my mock trial?

A: The location for your mock trial is important. The primary goal is to gather feedback from individuals who closely resemble the jury pool in your actual trial venue. 

Holding the mock trial in the same county or city as the actual trial is ideal. This ensures mock jurors have similar cultural, social, and political backgrounds as the real jurors, providing more accurate feedback. If the actual venue is in a small or rural area where confidentiality might be a concern, or if there’s a risk of jurors being too familiar with the case, consider a surrogate venue 75 to 200 miles away with similar demographics. 

Regardless of the venue, strict confidentiality agreements are essential. Mock jurors must understand the importance of keeping all information discussed private. Using real names for plaintiffs and defendants can help test reputational factors, but all participants should be bound by confidentiality agreements.

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10. Always Get Post-Trial Feedback (whenever possible)

Post-trial feedback can reveal which aspects of the case were most effective and persuasive or fell short, providing attorneys with valuable lessons for future cases.

Q: How did jurors feel about the fairness of the trial process, and what advice or suggestions do jurors have for improving case presentation or legal strategy?

A: Jurors’ perceptions of fairness can impact their satisfaction with the trial outcome. Understanding their views on fairness can guide improvements in an attorney’s trial strategy and presentation. Jury observations can frequently enhance the way a case is presented in subsequent proceedings. Gathering this feedback is essential for attorneys who want to ensure continuous growth.

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Jury Research Questions and Mock Trial Preparation 

Jury research questions and mock trial preparation are crucial because they provide attorneys with valuable insights into how a real jury might perceive and decide a case. Attorneys can pinpoint their advantages and disadvantages, hone their arguments, and create strategies that appeal to the jury by examining juror attitudes, prejudices, and decision-making processes through jury research questions and mock trials. 

Consulting with psychologists and behavioral scientists improves this process by utilizing their in-depth, scientific knowledge of group dynamics, decision-making, and human behavior. This results in a better understanding of jury motives to inform trial tactics. This kind of preparation reduces the possibility of unforeseen circumstances during the trial, helps anticipate obstacles, and ultimately increases the possibility of a favorable verdict.

Courtroom Sciences helps attorneys efficiently navigate litigation by providing psychological expertise, science-backed data, and expert support for all phases of litigation. Learn how CSI's litigation consulting experts can improve outcomes for your next case. Speak with one of our experts to get started.

Key Takeaways:

●  Jury research questions can be used to identify jurors' opinions, prejudices, and decision-making processes to properly prepare for trial.

●  Mock trials help attorneys assess the strengths and weaknesses of their cases, and the effect that the evidence has on juries.

●  Witness testimony must be included in mock trials to predict jurors' reactions to important witnesses in the real trial.

●  Experimenting with various trial situations, such as disputed evidence or settlements between co-defendants, provides additional insights to help the attorney be thoroughly prepared for different results.