Deliberation Group Research

The purpose of Deliberation Group Research is to test key facts and evidence and to refine trial strategies and themes within the context of the case as a whole.

The goals of the research are:

• Understanding which issues (legal and psychological) receive attention during deliberations;
• Identifying which arguments are most persuasive;
• Assessing case strengths and vulnerabilities;
• Developing trial strategies and themes;
• Testing the impact of key exhibits, witnesses, jury instructions and verdict form questions;
• Refining strategies for jury selection.

A group of surrogate jurors are selected from the trial venue. The jurors undergo voir dire and answer a questionnaire designed to measure their attitudes and experiences prior to receiving specific case information.

The jurors view an argumentative presentation (in person or by video) of the case facts from the plaintiff’s perspective. A questionnaire is administered to evaluate the persuasiveness of the plaintiff’s “story.” The jurors then view the defendant’s presentation of the facts and another questionnaire is administered. Both the plaintiff and defense presentations can be strengthened by using preliminary demonstratives, key documents and selected testimony from key witnesses.

The surrogate jurors are next divided into groups and instructed to deliberate to a unanimous verdict based on jury instructions the jurors are likely to hear in the actual trial. The deliberations will be centered on a verdict form, drafted to include those issues the actual jury will decide. After deliberations are completed, a JuryScope moderator leads each group in a detailed discussion of the issues. JuryScope focuses on juror reactions to the litigants, usefulness of the graphics, perceived motivations of the parties, and juror-generated solutions to increase comprehension of the case. This time can also be used to follow up on jurors’ specific comments during deliberations. The length and scope of the mock trial is set by the needs and goals for each case.

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