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16 Jury Expert 1 (2004)
Follow the Leader: The Impact of Group Dynamics in Jury Deliberations

handle is hein.journals/jurexp16 and id is 37 raw text is: The Jury Expert Strategies, Findings & Sample Voir Dire for Improving Jury Selection Volume 16, Number 4 Follow the Leader: The Impact of Group Dynamics in Jury Deliberations by Kacy Miller While every juror has a vote in the deliberation room, not all votes are created equal. Many arti- cles have been written on the topic of jury selec- tion, with the focus typically on developing rapport with the panel, communicating case themes, and identifying juror attitudes-all critical tasks. However, one of the most frequently over- looked elements of jury selection involves the role of group dynamics. A group of complete strangers will deliberate the fate of your client and one of the most powerful elements in their decision-making process is the way they interact with each other. Jury Selection as an Art When working with attorneys on jury selection strategies, I am frequently asked about the com- CONTENTS Features Follow the Leader: The Impact of Group Dynamics in Jury Deliberations ............................. 1 Is It a Focus Group or a Trial Sim ulation? .................................... 6 How to Effectively Handle the Post-Verdict Juror Interview ......... 8 © 2004 Litigation One Publishing position of an ideal jury panel. Do we want men? What age range is best? What about minorities? Should we strike anyone with par- ents in a nursing home? Do we want teach- ers? I never give a direct answer because there really is no conclusive answer. Jury selection is an art, not a science. Ajuror should be evaluated as a complete person. If we try to place jurors in pre-defined boxes according to demographics or answers to a specific voir dire query, we are dis- regarding the very essence of that juror. We are shaped by our life experiences, our values, our knowledge, and our perception of how the world [Olne of the most frequently overlooked elements of jury selection involves the ro le of group dynamics. works. This is what makes life so dynamic, and it is why jury selection is so difficult. It's impos- sible to predict human behavior with 100% accu- racy, but it is possible to apply the findings of psychological and pre-trial research to help min- imize the guesswork. The American Jury The underlying influence of group dynamics is usually not recognized by jurors, at least not on a conscious level; most are oblivious to the social forces driving their deliberations. The ultimate task of the jury is to reach a verdict that all can live with. This is no easy feat considering that each juror brings a unique perspective to the process. The American jury represents an unusual group because it is formed involuntarily. The court, not the jurors, dictates who will be a part of the group and who will not. Unlike most April, 2004 1 I I/

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