Stack and Sway: The New Science of Jury Consulting by Neil J. Kressel, Dorit F. Kressel
Publisher: Basic Books | Number Of Pages: 312 | Publication Date: 2001-09-21 | ISBN-10: 0813397723 | PDF | 17 Mb
A new - and largely hidden - profession has emerged during the past three decades. Drawing on the techniques of modern social science, psychology, and market research, its practitioners seek to remake the way we pursue justice in the United States. Trial consultants help lawyers to pick – some would say, stack – juries predisposed to render the “right” verdict. And consultants apply sophisticated research methods to predict how jurors are likely to respond to arguments, witnesses, and evidence. Based on the results of the research, they craft case strategies, help to prepare witnesses, and test and retest arguments – all before a single word is uttered in open court. For fees that sometimes approach six, or even seven, figures, the new jury experts offer attorneys and their clients what they most desire – a way to remove uncertainty.What are we to make of this new industry? Do the techniques work? Is this, as some critics have argued, a new form of high-tech jury-rigging, not much more acceptable than cruder forms of jury tampering? Or do the methods of jury consultants amount to little more than an extension of what attorneys have always done?