Tag: Jury Selection

Empty Jury Box

What Do Lawyers Look for During Jury Selection?

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Picking a jury shapes the entire trial. Attorneys study each person in the box and build a panel that will listen, think, and follow the law. The question of “what do lawyers look for in jury selection” sits at the center of that work. Strong jurors bring open minds and clear thinking. Problem jurors bring rigid views, hidden agendas, or pressure from life outside the courtroom.

How Lawyers Read the Room

Great trial lawyers read energy the moment the panel walks in. They watch who leans forward, who folds arms, and who looks at the floor. Small choices reveal comfort, confidence, and interest. The best jurors stay engaged, make eye contact, and answer with a steady voice.

Body Language and Demeanor

Attorneys watch posture, hand movement, and facial reactions. A juror who nods along and tracks the speaker usually pays attention. A juror who slumps, crosses arms tight, or frowns at basic rules may resist the process. Lawyers note all of this in real time and compare reactions across questions.

Tone and Word Choice

How people talk tells a story. Short, sharp answers can signal frustration or fear. Thoughtful, plain answers with level tone suggest patience and care. Lawyers mark down catchphrases or extreme language that hint at fixed beliefs.

Background Clues That Matter

Lawyers study life experience because it shapes how people weigh proof. Work roles, education, and family duties all affect how someone views risk and responsibility. The question what do lawyers look for in jury selection often starts with these basics. The goal stays simple: find jurors who can judge facts without letting personal history steer the verdict.

Work and Life Experience

Certain jobs train people to look for rules, patterns, or motives. Engineers prize clear logic and numbers. Teachers focus on behavior and credibility. Nurses and caregivers notice pain and effort. No job disqualifies someone by itself, but each job hints at how that person sorts evidence and decides what feels fair.

Prior Exposure to Lawsuits

Attorneys ask about earlier jury service, claims, or lawsuits. A juror who felt mistreated by a company may lean toward plaintiffs. A juror who faced a claim may guard against damages. Lawyers do not chase perfect agreement. They aim for jurors who can set aside prior experiences and follow the court’s instructions.

Media Habits and Information Sources

Mobile news application in smartphone. Man reading online news on website with cellphone. Person browsing latest articles on the internet. Light from phone screen.

Where people get news shapes trust. Heavy use of niche sources can create strong views on corporate conduct, police work, medicine, or damages. Balanced media diets often pair with flexible thinking. Lawyers ask follow-ups to see whether a juror can weigh trial evidence over headlines or opinion shows.

Beliefs and Biases That Shape Decisions

Everyone carries beliefs about business, government, safety, and blame. Skilled attorneys surface those beliefs in a respectful way. Direct questions help jurors share honest views without shame. The answers guide strikes and guide the story that counsel plans to tell at trial.

Views on Corporations and Damages

Some jurors believe large companies cut corners and hide the truth. Others believe lawsuits target honest businesses. Lawyers ask where jurors draw the line on safety rules, warnings, and money awards. If a juror rejects damages in any case, that juror will struggle to apply the law. If a juror sees damages as a tool for change, that juror may accept higher numbers with less proof.

Views on Crime and Authority

Police car Day patrolling of the city with lights flashers turned off. Security siren close up

In criminal trials, lawyers explore trust in police, lab testing, and eyewitnesses. In civil trials with government actors, similar questions arise. Jurors who place blind trust in authority may overlook gaps in proof. Jurors who distrust all authority may overcorrect and discount solid evidence. Attorneys seek people who can test both sides with the same yardstick.

How Lawyers Use Questions To Test Stories

Good voir dire does more than collect facts. It tests the story that each side plans to tell. Attorneys ask about burdens of proof, timelines, expert testimony, and damages ranges. They listen for words that reveal open minds. The phrase what do lawyers look for in jury selection fits here again: they look for fairness, patience, and the ability to change a view after hearing more.

Open Ended Questions and Follow-ups

Short yes or no answers hide the real view. Open prompts invite jurors to share values and logic. When a juror stops at a surface answer, the attorney asks a polite follow up to explore why that view formed. This back and forth builds trust and uncovers roadblocks before the first witness takes the stand.

Hypotheticals and Scales

Attorneys often use short scenarios or rating scales to map comfort levels. A lawyer may ask jurors to rate how strongly they agree with a rule on a scale from one to ten. The number matters, but the explanation matters more. Jurors who explain their rating with balance and detail tend to weigh proof with care at trial.

Tools and Data That Make Picks Smarter

Dashboard Graph Presentation In jury selection meeting

Top trial teams do not rely on gut alone. They blend courtroom skill with research and testing. They study likely juror profiles in the venue and compare them to case themes. This mix of art and data gives counsel sharper choices during strikes and stronger plans for opening and closing.

Bringing It Together On Jury Selection Day

So what do lawyers look for in jury selection when the court calls the panel? They look for honest voices, steady temperaments, and jurors who can follow the law even when the case hits a nerve. They listen to stories, compare answers across the room, and build a panel that matches the proof they will present. They use tools that turn hunches into a plan.

How Magna LS and JuryEvaluator help

Magna LS supports trial teams with research that turns questions into clear answers. JuryEvaluator tests case themes with real people and reports how those people react to facts, fault, and damages. You see which facts move the needle, which juror profiles show risk, and what number ranges trigger support or pushback. With those findings in hand, you walk into voir dire ready to focus on the right traits, the right follow ups, and the right strikes.

Reach out today and ask for a JuryEvaluator demo. We are ready to help you shape better questions, read the room with confidence, and seat a jury that will judge the case on the evidence. 

sign on a wooden door that says jury room

How to Avoid a Biased Jury

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A biased jury can destroy months of case preparation. All it takes is one juror with a strong opinion or personal experience that they keep hidden during voir dire. Bias doesn’t always show up in obvious ways either. It can hide in tone, silence, or even in a glance exchanged between jurors. Trial attorneys know they need to act fast to spot it and even faster to remove it. But how exactly can you reduce the risk of a biased jury before the trial begins?

Start with Strong Jury Research Before Voir Dire

Waiting until voir dire to think about juror bias is too late. Attorneys need to understand the local jury pool long before they step into the courtroom. One of the best ways to do this is through large-scale community attitude studies. These surveys uncover how people in the trial area feel about certain industries, issues, or even parties.

You can learn which types of jurors tend to favor the plaintiff or defense. Once you have that profile, you can start preparing questions and strike strategies with a clear focus. Without this research, attorneys may rely too much on instinct. But instinct can’t compete with tested data showing what jurors actually believe and how those beliefs connect to verdict outcomes.

Ask the Right Voir Dire Questions

Voir dire gives attorneys a small window to identify potential bias. You can’t waste that time with vague or standard questions. Instead, ask questions that reveal not just what a juror thinks but why they think that way. Attorneys should also avoid yes-or-no questions that make it easy for jurors to hide bias. Open-ended questions help uncover opinions that may affect how a juror sees the case, even if they try to appear neutral.

Use Supplemental Juror Questionnaires Wisely

Written questionnaires can give you honest answers that jurors might hesitate to say out loud. They also help speed up voir dire by narrowing down who needs more follow-up. But not all questionnaires work the same. The wording must be specific and focused. Generic or vague language won’t give you the clarity you need to spot potential bias.

Carefully designed questionnaires let you go deeper on key issues before voir dire even starts. You can filter out jurors who might bring strong emotions or beliefs into the courtroom without saying a word during jury selection. This early insight can guide your strike decisions more effectively.

Use Mock Trials To Identify Potentials For Bias

Mock trials show how different jurors react to case facts, arguments, and witnesses. These reactions can highlight which types of jurors are more likely to show bias. Some may distrust certain types of evidence. Others may strongly support one side based on personal experience. By tracking how different juror profiles respond during mock trials, you build a roadmap. This helps you predict who will lean pro-plaintiff or pro-defense in your real jury. It also helps you refine your voir dire strategy. You’ll know what topics to push, what to avoid, and which answers should raise red flags.

Mock trials also reveal group dynamics. You may find that a single biased juror can sway others during deliberation. That kind of juror becomes especially dangerous. Spotting them early and striking them from the panel can make the difference between winning and losing.

Create Juror Profiles That Predict Verdict Risk

Juror profiles connect dots between beliefs, experiences, and likely verdict leanings. These profiles are not just based on one question or answer. They are built from patterns found through surveys, mock trials, and statistical analysis. With this information, attorneys can spot dangerous jurors faster. You’re not guessing based on how someone looks or sounds. You’re using tested data to build your strike list with confidence.

Ask Smarter, Strike Smarter

The jury you seat will control the fate of your case. If even one biased juror gets through, your evidence and arguments may be in jeopardy. Don’t let that happen. Bias is real, and it can be hard to spot without the right tools. But with strong pre-trial research, smarter voir dire questions, and strategic profiling, you can take control. Biased juries don’t just happen by chance. They happen when attorneys walk into jury selection blind. You don’t have to.

Strike Bias Before It Strikes Your Case

Magna Legal Services helps attorneys identify and remove biased jurors before trial even begins. Our team runs large-scale community attitude studies, mock trials, and statistical juror profiling. We use real data, not guesswork, to find the jurors most likely to hurt your case. Then we help you craft the questions and strategies you need to strike them during voir dire. If you’re preparing for trial and worried about jury bias, we’re ready to help you fight it before it ever reaches the courtroom. Contact us today. 

group of lawyers discussing jury selection

Should You Utilize Online Activity for Jury Selection?

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Jury selection is a critical part of a trial. The people who make it into the jury box bring their life experiences, beliefs, and biases with them. Attorneys and their teams do everything they can to learn who those jurors are before making their decisions. But with courts limiting access to jurors more than ever, that job has become harder. That’s where online activity can offer a big advantage.

Why Online Activity Matters During Jury Selection

In most cases, lawyers only get limited access to a juror’s background during jury selection. Voir dire might give some helpful answers, and public records can add a little more. But that barely scratches the surface. People share far more online than they do in a courtroom. Public social media posts, blog entries, usernames, and comments can all help build a clearer picture of how a juror thinks.

Online activity may reveal how someone feels about political issues, religion, law enforcement, or civil rights. It may show strong opinions about issues directly related to the case. If a person is highly vocal online about workplace discrimination, for example, and they’re sitting on a panel in an employment trial, that’s something an attorney needs to know.

Magna Legal’s JuryScout uses this kind of information to support smarter, more informed jury selection.

How JuryScout Builds Juror Profiles

JuryScout works alongside traditional jury selection methods. It doesn’t replace voir dire or background checks; rather, it strengthens them. The tool scans public online behavior and compiles a digital profile for each juror. These profiles include:

  • How often a juror posts, comments, or shares photos
  • The number and types of social media accounts they have
  • Whether their content is public or private
  • How many usernames or aliases they use
  • The kind of topics they discuss in public spaces

This data helps attorneys decide whether a juror may carry bias into the courtroom. Maybe a juror runs a personal blog where they’ve written strong opinions on healthcare policy. If the trial involves a healthcare provider, that post becomes highly relevant.

JuryScout also tracks whether jurors continue posting during trial or after a verdict. Courts usually instruct jurors not to discuss the case, but not everyone listens. Some jurors have posted about trial details in real-time, violating those rules and risking the fairness of the process.

Using Online Habits to Spot Bias

Bias isn’t always obvious. Jurors don’t always say how they feel during questioning. But online, they might show it. A juror might “like” dozens of posts related to a specific social cause or share memes that suggest a strong opinion on law enforcement or the court system.

Let’s say a juror frequently shares posts about distrust in large corporations. That could matter a lot in a product liability trial. Or maybe their public comments show a strong loyalty to a political party, which could affect how they view government regulation, taxes, or civil rights.

This kind of online behavior gives attorneys better information during jury selection. Instead of guessing, they have facts.

The Real-World Impact of JuryScout

After a high-profile trial involving sexual harassment, Magna Legal Services was hired post-verdict to review the jury’s online behavior. The verdict had gone against the defendant, and the legal team suspected misconduct.

Magna Legal used JuryScout to pull cached online data from before and during the trial. The tool found four jurors who broke the judge’s rules. They had looked up case information, posted about the trial online, and discussed it with others. This information became key evidence in an appeal. Without JuryScout, those jurors’ actions may have never come to light.

Stay Ahead with Smarter Jury Selection

Lawyers can’t afford to guess during jury selection. They need every piece of information they can legally gather, and online activity is one of the richest sources available. Courts continue to limit what attorneys can ask jurors in person, and jurors continue to reveal themselves online. JuryScout helps bridge that gap and gives your team a sharper toolset.

Discuss Your Next Case With Magna Legal

Every juror makes a difference. Don’t leave your case to chance. Talk with Magna Legal about how JuryScout can support your trial strategy. Whether you’re preparing for voir dire or handling a post-verdict review, our team gives you the information you need to make smart choices. Reach out today and get the clarity you deserve before your case reaches the jury box.

empty jury box in a courtroom before voir dire questions

Best Voir Dire Questions You Should Ask for Civil and Criminal Cases

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Choosing a jury isn’t about luck. It’s about asking the right voir dire questions that help attorneys build trust, identify bias, and select jurors who can be fair. In both civil and criminal trials, these questions can shape everything that follows. The way a juror answers often gives you more than a yes or no. It gives you a glimpse into how they think, what they fear, and what may push them toward one side. Here are some of the most effective voir dire questions for both civil and criminal trials to get you on the right track for conducting a voir dire.

Voir Dire Questions That Work in Civil Cases

Find Out How Jurors Feel About Lawsuits

Some jurors believe most lawsuits waste time. Others think businesses never take responsibility. You can’t afford to guess.

Ask this:

“Have you ever been involved in a lawsuit, whether as a plaintiff, defendant, or witness?”

This question helps identify jurors with personal experiences that might affect how they see your client. Follow up by asking how that experience felt and whether they thought the outcome was fair.

Ask this:

“Do you think people file lawsuits too easily these days?”

People who agree may see your client as part of the problem—especially in personal injury or product liability cases.

Spot the “Nuclear Jurors” Early

A nuclear juror tends to favor massive damage awards, no matter the facts. You don’t want one deciding your client’s future.

Ask this:

“What do you think is the best way to hold a company accountable for wrongdoing?”

Jurors who mention large financial penalties may push for verdicts based on emotion, not evidence.

Ask this:

“Do you think high verdicts are a way to send a message to big companies?”

If the juror agrees, be ready to follow up. You need to know if they’ll listen to facts over feelings.

Test Their Comfort With Experts and Technical Evidence

woman with hand on bible taking oath in a courtroom

Civil trials often depend on expert witnesses. But not every juror trusts them or even understands what they’re saying.

Ask this:

“How do you feel about experts being paid to testify in trials?”

This question can reveal distrust. You can also ask whether they think experts tend to “take sides” based on who pays them.

Ask this:

“If this case involves technical or scientific evidence, would you feel comfortable making a decision based on it?”

Some jurors feel overwhelmed by technical language, especially in medical or engineering cases. If they say no, that’s a red flag.

Learn About Personal Grudges or Biases

Everyone brings personal baggage. Your job is to find out what it is before opening statements.

Ask this:

“Have you had a bad experience with a company, service provider, or insurance claim?”

A negative story from years ago could turn into bias against your client. This is especially important in insurance defense or product cases.

Voir Dire Questions That Work in Criminal Cases

Check for Bias About Police and the Justice System

police putting a man in handcuffs for a crime

Many criminal cases rely on police testimony. Some jurors trust law enforcement completely. Others don’t trust them at all.

Ask this:

“Have you or someone close to you had a negative or positive experience with police or the legal system?”

You’ll learn more than just opinion. You’ll often hear personal stories that shape how they see authority.

Ask this:

“Do you believe the criminal justice system treats everyone fairly?”

Jurors with strong views here might lean heavily toward one side before hearing any evidence.

Make Sure They Understand Presumption of Innocence

Some people walk in assuming guilt just because there’s a trial. You need to fix that before it hurts your case.

Ask this:

“If you were accused of a crime, would you want jurors to wait until they hear the full case before forming an opinion?”

This flips the situation and helps them think more personally.

Then ask: “Can you do that for this defendant?”

If they hesitate, they may not be right for this trial.

Look for Strong Views on Crime and Punishment

Some jurors see criminal trials as a chance to push a moral agenda. That can create problems, especially if the case is emotional.

Ask this:

“Do you believe people who break the law deserve second chances?”

This helps you understand how they feel about rehabilitation, punishment, and the idea of redemption.

Ask this:

“What do you think about plea deals in criminal cases?”

This shows how they see the prosecution process. Some jurors see plea deals as unfair, which can shape how they view the defense or the system as a whole.

Uncover Bias Based on the Type of Crime

Every juror has lines they won’t cross. Some crimes trigger deep emotional responses. You need to know those limits.

Ask this:

“Are there any kinds of criminal charges that would be hard for you to stay neutral on?”

Don’t sugarcoat this. If someone says they can’t stay open-minded in a drug or sexual assault case, they shouldn’t be on the jury.

Your Voir Dire Questions Should Match Your Case

Every trial is different. The best voir dire questions help you spot hidden bias, encourage honesty, and build a jury that’s willing to listen. Start with general questions, then go deeper. Pay attention to body language, tone, and hesitation. The goal isn’t to trip anyone up. It’s to create a fair trial from the very first step.

If you’re not sure where to start or need help sharpening your voir dire strategy, you don’t have to handle it alone. Jury consultants and legal support teams can help you plan and test your voir dire questions before trial even begins.

Get Support That Strengthens Your Case from Day One

Jury selection can make or break your trial. Great voir dire questions do more than gather information. They help you connect, uncover bias, and guide your trial strategy. Magna Legal Services offers trial consulting, mock jury testing, and support with voir dire preparation for both civil and criminal cases.

If you’re preparing for trial and need help fine-tuning your voir dire approach, Magna Legal is ready to support you. From identifying nuclear jurors to strengthening your jury strategy, we’ll help you walk into court with confidence. Contact us today.

a women being interviewed for jury selection to detect jury bias

6 Ways To Prevent Jury Bias In Your Trial

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Jury bias can lead to unfair verdicts based on personal beliefs rather than the facts. Even jurors who seem neutral may have unconscious biases that shape their decisions. Attorneys must take steps to identify and manage these biases before and during trial. Failing to do so can put a case at risk. Here’s how to prevent jury bias in your trial.

1. Conduct Thorough Jury Selection (Voir Dire)

Ask the Right Questions

Voir dire gives attorneys the chance to uncover jury bias before the trial begins. To do this effectively, ask case-specific questions that go beyond basic demographics. A juror’s stance on law enforcement, corporate responsibility, or medical malpractice can influence their judgment.

Encourage Honest Responses

Jurors may hesitate to admit personal biases, especially in a courtroom setting. Make voir dire feel like a conversation rather than an interrogation. When jurors feel comfortable, they’re more likely to share honest opinions.

Use Open-Ended Questions

Avoid questions that lead to yes-or-no answers. Instead of asking, “Can you be fair?” ask, “How do you define fairness in a case like this?” Responses to open-ended questions reveal more about a juror’s thinking and potential biases.

2. Use Social Media and Background Research

Identify Hidden Biases

Jurors may not always disclose personal views in court, but their online activity often tells a different story. Social media, blog posts, and public comments can reveal opinions on topics relevant to the case.

Check Public Posts and Affiliations

A juror’s memberships, shared articles, or past statements can provide clues about their viewpoints. If a case involves corporate negligence, an individual who frequently posts anti-corporate opinions might struggle to remain neutral.

Avoid Ethical Pitfalls

Attorneys should follow all legal and ethical guidelines when researching jurors online. Courts have rules about how attorneys and their teams can gather this information. Improper research methods can create legal issues and damage credibility.

3. Challenge Biased Jurors with Peremptory Strikes and Challenges for Cause

Know When to Use Challenges for Cause

If a juror openly admits bias, an attorney can request their removal. Courts grant these challenges when a juror’s views could prevent them from deciding the case based solely on evidence.

Use Peremptory Strikes Strategically

Attorneys can remove jurors without giving a reason, but there are limits. Striking jurors based on race, gender, or other protected categories is not allowed. Use peremptory strikes to eliminate jurors who show subtle signs of bias, even if they don’t openly admit it.

Watch for Patterns in Juror Behavior

Body language, tone of voice, and facial expressions can hint at bias. A juror who avoids eye contact when discussing certain topics may hold unspoken views that could affect their judgment.

4. Educate Jurors on Implicit Bias

Explain Bias Without Accusations

Many jurors don’t realize their own biases. Instead of confronting them directly, frame the discussion in a neutral way. Explain that bias is a natural human tendency and that the goal is to focus only on the evidence.

Use Expert Testimony if Necessary

Bias experts can help jurors recognize their own thought patterns. When a case involves sensitive topics, expert testimony on unconscious bias can help jurors make fairer decisions.

Provide Clear Jury Instructions

Judges should give jurors clear instructions about setting aside personal opinions. Written instructions and verbal reinforcement can help ensure that jurors stay focused on the facts.

5. Monitor Jury Behavior During Trial

Observe Juror Reactions

Jurors who appear disengaged or overly reactive to certain evidence may already have a leaning. Watch for changes in facial expressions, note-taking habits, and overall attentiveness.

Request Judicial Intervention if Needed

If a juror’s behavior suggests bias, attorneys can ask the judge to address it. In some cases, the court may issue a reminder about impartiality or, in serious situations, dismiss the juror.

Consider a Mistrial in Extreme Cases

If jury bias becomes obvious and affects the fairness of the trial, requesting a mistrial may be necessary. This is a last resort, but it can prevent an unjust outcome.

6. Leverage Jury Bias Analysis Tools like JuryScout

What is JuryScout?

JuryScout, a service from Magna Legal Services, helps attorneys uncover potential biases through digital research. By analyzing jurors’ public online activity, it provides a clearer picture of their views and potential leanings. Some biases are easy to hide in court but become clear online.

How It Helps Your Case

JuryScout finds patterns in jurors’ public statements, helping attorneys make better-informed jury selection decisions. Eliminating biased jurors from the start reduces the risk of unfair decisions. JuryScout provides attorneys with valuable insights before seating a jury, making it easier to ensure a fair trial.

Take Control of Jury Bias Before It Hurts Your Case

Jury bias can shape verdicts before the first witness even takes the stand. Waiting until the trial begins to address it is too late. Magna Legal Services offers the tools and expertise to help attorneys identify, challenge, and eliminate biased jurors. Contact us today to learn how we can strengthen your case by ensuring a fair and impartial jury.

empty jury Box in a new court room

What is a Mock Jury?

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Attorneys don’t like surprises in the courtroom. A strong legal strategy can fall apart if a jury reacts in an unexpected way. Mock juries are a valuable tool that can prevent this. By testing legal arguments with a group of people who mimic real jurors, attorneys can see how their case might play out before stepping into the courtroom.

How a Mock Jury Works

A mock jury is a test run of a real jury trial. Attorneys present their case to a group of individuals who represent the type of jurors likely to be selected for trial. These participants hear evidence, discuss the case, and deliver feedback. Unlike actual jurors, mock jurors do not decide a real case. Their job is to provide reactions, opinions, and decision-making patterns that attorneys can analyze. Their responses help lawyers refine arguments, strengthen witness testimony, and anticipate challenges before the case reaches a real courtroom.

Selecting the Right Participants

Mock jurors should resemble the people who might serve on a real jury. Attorneys and consultants select participants based on demographics, experiences, and other factors that match the trial’s venue. This ensures feedback comes from individuals similar to those who will ultimately decide the case.

Presenting the Case

Legal teams present key elements of the case, including opening statements, arguments, evidence, and witness testimony. Some presentations involve live interactions, while others use recorded video. Attorneys focus on delivering their case the way they would in court.

Deliberation and Feedback

After hearing the case, mock jurors discuss their opinions just like a real jury. They debate evidence, evaluate witness credibility, and work toward a verdict. Their discussions provide critical feedback on how an actual jury might think and decide. Attorneys use this information to adjust their strategy before trial.

The Benefits of Using a Mock Jury

Testing Arguments Before Trial

Legal teams don’t always know how jurors will react to certain arguments. A mock jury helps uncover which points are persuasive and which fall flat. If an argument confuses jurors or doesn’t land as intended, attorneys can adjust their approach.

Identifying Weaknesses in a Case

Mock jurors often raise concerns attorneys hadn’t considered. They might find a witness untrustworthy, question a key piece of evidence, or misinterpret a legal point. Attorneys can use this feedback to strengthen weaker areas of their case.

Understanding Jury Perception

Jurors bring their own experiences, beliefs, and biases into the courtroom. A mock jury helps attorneys see how different people interpret the case. This information allows them to refine their arguments to be clearer and more compelling.

Expert Support for Mock Juries and Jury Research from Magna Legal Services

Legal success depends on understanding how jurors think. Magna Legal Services provides industry-leading jury research, offering attorneys the insights they need to refine their trial strategy.

Mock Juries & Jury Focus Groups

Magna Legal organizes realistic mock trials and jury focus groups to test legal strategies with JuryConfirm. Over the past decade, Magna Legal has conducted more online studies than anyone in the world – by far. We have run over 2,000 online jury research exercises, working with over 25,000 mock jurors. Attorneys get direct feedback from potential jurors, helping them anticipate challenges before trial.

Jury Consulting & Trial Strategy

Experienced jury consultants analyze mock jury results, providing attorneys with data-driven recommendations. This helps legal teams adjust their approach, from witness preparation to jury selection.

Jury Research with JuryEvaluator

Magna Legal takes jury research a step further with JuryEvaluator. This advanced service uses nationwide jury panels and statistical analysis to predict case outcomes. Attorneys gain a clear understanding of how different types of jurors might respond to their case.

Refine Your Legal Strategy with Magna Legal Services

Success in the courtroom starts long before trial. A mock jury gives attorneys the advantage of knowing how real jurors might think, react, and decide. Magna Legal Services provides the tools, research, and expert analysis to help legal teams build stronger cases. Don’t leave jury decisions to chance. Contact Magna to get the most effective trial preparation possible.

Jury Selection Advice for Prosecutors

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 COPENHAGEN (1)

Overwhelmed by the jury selection process? The American Bar Association encourages attorneys to use the expert services of jury consultants due to the subtle nature of determining inherent bias in potential jurors. But it is still the responsibility of the lead trial lawyer to choose and manage the experts, to question the prospective jurors and to make the final decisions about challenges and strikes. So here are a few things to keep in mind.

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Internet Shenanigans: Juror Instructions vs Juror Conduct

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by Hiliary Remick, Litigation Consultant

Here are a few familiar jury instructions with which, in one form or another, Courts all over the country have been known to admonish jurors…
• You have now been sworn as jurors in this case. I want to impress on you the seriousness and importance of serving on a jury. Trial by jury is a fundamental right.
•
• Do not do any research on your own. Do not use dictionaries, the Internet, or any other reference materials. Do not investigate the case or conduct any experiments.
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• It is important that you keep an open mind throughout this trial. Evidence can only be presented a piece at a time. Do not form or express an opinion about this case while the trial is going on. You must not decide on a verdict until after you have heard all the evidence and have discussed it thoroughly with your fellow jurors in your deliberations.

Does it really work? Do jurors take these cautionary words to heart? Maybe not so much as we might like.
In Philadelphia, defense lawyers for former State Senator Vincent Fumo recently moved to bring a halt to jury deliberations and remove a juror after he posted remarks on Twitter.com and Facebook about progress of deliberations. The juror had told his readers, among other things, to “Stay tuned for a big announcement…”i The former Senator, on trial for Federal corruption charges, said the juror had violated court instructions not to disclose the status of jury deliberations.
Close on the heels of that story, we learned that a juror in a Fayetteville, Alabama courtroom had used the latest Twitter technology to send “tweets” or short updates on the status of jury deliberations against defendants Russell Wright and Stoam Holdings in a civil trial. His remarks included comments like these:
• “So, Johnathan, what did you do today? Oh, nothing really. I just gave away TWELVE MILLION DOLLARS.”
•
• “Oh, and nobody buy Stoam. It’s bad mojo, and they’ll probably cease to exist, now that their wallet is $12M lighter….”

The defendants, faced with a 12.6 million dollar verdict, are seeking a new trial on the ground that the juror’s trial twitters may have impaired his decision making capacity during the trial.ii
It is apparent that jurors can now make use of Internet technology not only to report on proceedings in the deliberation room, but also to perform independent research about their case, the parties, or the legal or other issues before them.
The notion that jurors are not supposed to conduct independent research about a case is a basic tenet of the jury system. We want jurors to form their decision strictly on the basis of evidence which a judge has already deemed admissible. But the Courts and litigants face a wave of tech-savvy, Generation X and Y jurors who routinely rely on computer and cell technology to take in most of their information. The information jurors could gather through Internet searches, however, not only draws from sources outside the permitted evidence, but might also be inaccurate, outdated, or unreliable.
Wikipedia, one of the well-known online information sources identifies itself as the “Free Encyclopedia.” Because it is a “wiki” (a collection of web pages designed to enable anyone who accesses it to contribute or modify content) its information is only as good or reliable as its contributors. Jurors who search for case information in Wikipedia, or through any Internet source, might gather information that is not just outside the parties’ settled evidence, but also inaccurate or off-the-mark. Furthermore, the Wikipedia juror might misinterpret the information he finds there. If a juror “Googles” one of the parties, and tries to draw a conclusion about the lawsuit he is evaluating based on what he discovers online, there exists a real risk of prejudice, misunderstanding, or both.
Stories like those from the Fumo and Stoam cases suggest that this trend will only continue to grow.
What are Jurors Up To??A wide range of technology now exists for jurors to use or misuse in the Courtroom, the restroom, the living room, and even the deliberation room. These include:
• Google, Wikipedia and the Internet in General. Most jurors are now thoroughly familiar with the search engines, online encyclopedias and the entire internet as a tool for searching information – even if it is inaccurate or inapplicable to a legal case. These can be accessed from home and portable computers, and from cell and “smart” phones as well. Such “research” could be conducted in a lunchroom or restaurant, a hallway, or at home after hearing a day of evidence.
•
• Facebook. Social networking sites like Facebook and MySpace are well-known online sites that could allow jurors to reach out to others and report on trial information and developments, or to investigate litigants or background information about an ongoing case.
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• Twitter. This social networking and “micro-blogging” service could allow jurors to send and read brief information updates or text-based posts on the fly. The service can be used through a computer or SMS phone texts.

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• Instagram. This photosharing platform could allow jurors to leak photos from the trials to their instagram followers, and they could also share sensitive information about the trial in the captions of their photos.

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• Cell phones and Handheld Devices. Virtually every juror is likely to own a cell phone or PDA device that could allow telephone contact or text message communication to and from any Courthouse alcove or restroom to any person of the juror’s choosing. Some cell devices allow users to perform Internet searches as well.

What are Courts Doing About It??Ideally, Courts would put in place policies that might discourage misconduct in advance: taking cell phones, giving specific instructions to jurors against the use of technology to research or report on trial information, and warning them about any possible sanctions for such activity. However, these policies are not enough to guarantee good behavior.
If litigants or a judge discovers juror misuse of technology during a trial, a mistrial may be declared. During a recent Federal drug trial in Florida, a juror admitted that he had been researching the case on the Internet in direct violation of the Court’s instructions. After an astonishing eight other jurors admitted the same thing, a mistrial was declared eight weeks into the trial.iii Jurors routinely research, blog and reach out electronically in a way they did not do in decades past, and almost without thinking. Once they do so, the secrecy of deliberations and certainty of evidence can be lost.
Perhaps the most troubling possibility is that attorneys and judges cannot be sure when jurors have quietly conducted research or communicated with others about trial events. Jurors may be unable to resist the belief that they will be serving justice by getting detailed answers to unanswered questions. While juror “tweets” or Facebook messages will become newsworthy in a handful of high profile cases like Senator Fumo’s, it seems likely that most “online” juror mischief might go unnoticed. In that case, the Court would simply do nothing at all.
What’s a Lawyer to Do About It??The trend in favor of juror research and reporting on active cases using new technologies is likely to grow and be difficult to detect. What should a lawyer do, be they personal injury attorneys or handling any other legal niche, in response to this trend?
• Ask your trial judge for a specific admonition against Internet use/communication about the trial, and also include an explanation to jurors about why the rule exists and what the consequences of breaking the rule are too.
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• Use Voir Dire questions to educate jurors about why Internet research is not reliable for the case, and encourage jurors to help enforce the rule.
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• In some jurisdictions, jurors can submit questions for a specific witness; watch for clues in answers to such questions which may suggest a juror might be investigating on his own.
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• Learn some of the background signs that a juror might be investigating on his own, and be ready to raise an issue that juror misconduct created an appealable issue.
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• Ask whether your jurors use Facebook, MySpace, or Twitter.
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• Ask whether your jurors maintain a blog or similar Internet communication site.
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• Monitor your jurors’ Internet sites, “tweets” or MySpace/Facebook pages.
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• Ask your jurors whether they use smart phones, similar phones with Internet capacity, or devices like the iPod Touch.
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• Ask the Court to confiscate jurors’ cell phones while they are in the courthouse.
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• Consider encouraging your area Court to implement a policy or formal Local Rules against jurors communicating about cases not just personally but through computers, cell phones, and other electronic devices. Such a policy should also forbid Internet searches, chat room discussions and “blogs” mentioning any case.

Hiliary Remick, Esq. is a Litigation Consultant with Magna Legal Services, LLC. She assists trial counsel with creation of trial strategies in litigation throughout the country. Her work includes focus group facilitation and analysis, creation of case themes and arguments, and the development of complex trial graphics as persuasive courtroom tools.??Before joining Magna, Ms. Remick worked as a trial attorney for nearly twenty years in the fields of personal injury and commercial litigation, and brings hands-on litigation experience to her work as a member of our consulting team. Her professional background includes work in the fields of asbestos litigation, and medical and dental malpractice.??Hiliary Remick earned her Bachelor of Arts degree cum laude in Political Science and English from the University of Pennsylvania, and her Juris Doctor from Villanova University School of Law. She is a member of the Pennsylvania Bar Association and the American Society of Trial Consultants.

i. Philadelphia Inquirer, “Fumo Lawyers Target Juror, Deliberations”. March 16, 2009.
ii www.nydailynews.com, March 13, 2009.
iii The New York Times, “As Jurors Turn to Web, Mistrials Are Popping Up”. March 18, 2009.