Encyclopedia of Psychology and Law

However, the ASTC has outlined some practice guide-

lines for some services (e.g., witness preparation, jury

selection), and its annual conference provides work-

shops and sessions designed to disseminate these best

practices. As the ASTC moves to identify practice

guidelines for additional services (e.g., posttrial inter-

views), trial consultants should consider the implica-

tions of training or education.

Veronica Stinson

See alsoJury Deliberation; Jury Selection;

Trial Consulting

Further Readings

Cutler, B. L., & Stinson, V. (in press). Training and education

of trial consultants. In R. L. Wiener & B. Bornstein

(Eds.),Trial consulting: A psychological handbook.

New York: Springer.

Posey, A. J., & Wrightsman, L. S. (2005). Trial consulting.

New York: Oxford.

Strier, F. (1999). Whither trial consulting? Issues and

projections. Law and Human Behavior, 23,93–115.

Strier, F. (2001). Why trial consultants should be licensed.

Journal of Forensic Psychology Practice, 1,69–76.

TRIALCONSULTING

Trial consulting gained attention in 1971, when “scien-

tific jury selection” was employed by a group of social

scientists in the defense of the Harrisburg Seven, a

group of war protesters who faced conspiracy and kid-

napping charges. Since that time, the field has grown

considerably in terms of both the number of profes-

sionals in the field and the range of services offered.

The educational and professional backgrounds of trial

consultants vary, but doctoral-level psychologists

make up the largest percentage of consultants. There

are arguably no limits to the types of services that trial

consultant can provide, but the most common include

community attitude surveys, jury selection, witness

preparation, focus group studies, mock trials (also

referred to as trial simulation studies), demonstrative

exhibit preparation and evaluation, content analysis

of media for purposes of change of venue or change

of venire motions, shadow juries, and posttrial juror

interviews.

Consultant Backgrounds and

Qualifications

The trial-consulting industry is unregulated, and there

are no educational, training, or experiential qualifica-

tions required to identify oneself as a trial consultant,

jury consultant, litigation consultant, or any other

associated title. The American Society of Trial

Consultants (ASTC) states that its members come

from the fields of communication, psychology, sociol-

ogy, theater, marketing, linguistics, political science,

and law. Although there are no state or national licens-

ing requirements, the ASTC Professional Code states,

“The trial consultant fully discloses academic qualifi-

cation and consulting experience to potential clients,

specifies the services provided, and identifies the

objectives of each consultation.”

Trial Consultants Versus Experts

Trial consultants are typically retained by the attor-

ney(s) representing one party in a case to assist with

one or more aspects of trial strategy. Trial consultants

differ from experts generally in the type of assistance

they provide, although there can be similarities in the

research methods they employ and overlap in the

information or assistance they provide to attorneys.

Whereas experts are hired because of their specialized

knowledge of a particular field or subject relevant to a

case (e.g., fire analysis, medical disease, accounting

methods) and it is anticipated that they may testify at

trial, trial consultants are generally hired to provide

services that will assist the trial team with the assess-

ment and development of case presentation and trial

strategies, and it is typically not expected that they

will testify at trial.

Trial-Consulting Services

A wide range of services designed to address pre-

trial, trial, and posttrial issues are provided by trial

consultants.

JJuurryy SSeelleeccttiioonn

Jury selection was one of the first services provided

by trial consultants when “scientific jury selection” was

employed in the defense of the Harrisburg Seven in

1971, and over the years, there has been considerable

debate over the purpose, effectiveness, and ethics of

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