17 Ohio N.U. L. Rev. 229 (1990-1991)
The Myths and Realities of Attorney Jury Selection Folklore and Scientific Jury Selection: What Works

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The Myths and Realities of Attorney Jury Selection Folklore
and Scientific Jury Selection: What Works?'
SOLOMON M. FULERO* AND STEVEN D. PENROD**
Expert jury selection consulting by psychologists, sociologists, com-
munication specialists, market researchers, and others, has become big
business. The largest consultation firms routinely work on multi-million
dollar cases, and may charge the lawyers who use them fees upward
of $100,000.2
Despite this boom, the academic community has remained luke-
warm in its evaluation of both the ethics and the efficacy of scientific
jury selection. While there are a number of studies linking demographic
and personality variables to attitudes, there is much less support for
the notion that these variables can be linked to juror verdicts.3 In order
to show that scientific jury selection works, this link must be estab-
lished. And perhaps more importantly, particularly in light of the
expense of the scientific jury selection method, it must be shown to be
superior to the traditional system of unassisted attorney jury selec-
tion. The purpose of this paper is (1) to recount and evaluate attorney
1. Reprinted with permission of Hemisphere Pub. Corp., N.Y., from Forensic Reports,
Vol. 3, p.233 (1990). The article has been revised by the authors from its original publication
in Forensic Reports.
*  Professor of Psychology, Sinclair College, Dayton, Ohio. B.A. 1973, University of
Maryland; M.A. 1975, University of Oregon; Ph.D. 1979, University of Oregon; J.D. 1979,
University of Oregon. Dr. Fulero also maintains private practices in law and psychology.
**  Professor of Law, University of Minnesota College of Law; B.A. 1969, Yale; J.D.
1974, Harvard University; Ph.D. 1979, Harvard University.
2. See Adler, Litigation Science: Consultants Dope Out the Mysteries of Jurors for
Clients Being Sued, Wall St. J., Oct. 24, 1989, at 1, col. 1.
3. See generally M. SAKs & R. HASTEE, SOCIAL PSYCHOLOGY IN COURT 47-71 (1978).

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