Encyclopedia of Psychology and Law

knowledge about the parties as well as preexisting

beliefs about guilt or liability.

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Focus group studies and trial simulation studies

allow for a more extensive presentation of trial evi-

dence and arguments to a sample of jury-eligible indi-

viduals than community surveys do, but the higher

costs associated with compensating individuals for

their time and travel to some focus group or conference

facility typically result in smaller samples being used

in focus group and trial simulation studies. The meth-

ods and data analysis techniques generally used in

focus group and trial simulation studies come from the

fields of marketing, communications, and psychology

(particularly small-group research). Trial simulation

studies are sometimes based on the experimental

method, with half the mock jurors being presented a

particular factor (e.g., an argument, a piece of evi-

dence, or a trial procedure) and the other half not being

presented with the factor. The fact that the techniques

used in focus group and trial simulation studies are

grounded in the strong research methods of other fields

may account for the lack of empirical examination of

the effectiveness of these trial-consulting techniques.

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Another service commonly provided by trial con-

sultants is witness preparation, whether it is prepara-

tion for depositions or trial testimony. Based on the

findings of research in the fields of communications

and psychology on topics such as persuasion, physical

attractiveness, deception detection, and communicator

expertise, trial consultants can provide feedback and

guidance on the verbal and nonverbal behavior of

potential witnesses. In addition, trial consultants can

conduct case-specific research involving the presenta-

tion of particular witness testimony, or different ver-

sions of the witness testimony, to a sample of

individuals and then gathering data on their percep-

tions of the witness.

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Based on empirical research on models of juror

decision making, information processing (including

the topics of attention, encoding, and recall), and

visual perception, trial consultants can assist attorneys

in the preparation of demonstrative exhibits and ani-

mations to be presented during trial. In addition, trial

consultants can present prepared exhibits or anima-

tions to a sample of jury-eligible individuals (in isola-

tion or as part of a focus group or trial simulation

study) and gather data on individuals’ perceptions of,

reactions to, and memory for the materials.

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When substantial pretrial publicity is associated

with a case and attorneys believe that it may affect the

defendant’s ability to receive a fair trial, trial consul-

tants can assess the amount and content of the public-

ity. This information can then be included in a motion

for change of venue or change of venire. (As with com-

munity attitude surveys, this service can also be pro-

vided to prosecuting or plaintiff attorneys who seek to

oppose such a motion.) Both print (i.e., newspapers and

Internet publications) and visual (e.g., news stories or

clips appearing on the TV evening news) media can be

analyzed. The information gathered from the print

media can be quite extensive, including the source of

the information and the possible bias of the source (e.g.,

someone who is likely to be perceived as pro-prosecution,

someone who is likely to be perceived as prodefense,

or someone who is likely to be perceived as neutral),

the nature of the information (including whether it is

likely to be deemed inadmissible at trial), the total

length of the story, the prominence of the information

(e.g., Did it appear on the front page of the newspaper?

What was the size of the headline?), and the content of

any photos or figures associated with the story.

Information gathered from the visual media can include

the content of the video, the length of the video, the

time and day(s) when the story was aired, and any com-

mentary provided by the newscaster. Results from

media content analyses can be combined with results

from community attitude surveys to argue that the prej-

udice in the venue has resulted from the existing pre-

trial publicity and that alternative venues in which

pretrial publicity has not occurred need to be sought.

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The main service that trial consultants can provide

during the actual trial (as compared with before the

trial) is “shadow juries.” This consists of recruiting a

small group of jury-eligible individuals to sit in the

courtroom throughout the trial and act as if they were

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