by: Dr. Kevin Boully
Who will lead your jury? How good are your predictions? Do you usually consider this question at all? Here are three reasons identifying jury leaders is critical.
By nearly all accounts, jurors do an excellent job listening to evidence, evaluating all the information presented at trial, and rendering reasonable verdicts.[1] But jurors are human (you can quote me on that), and we humans are emotional animals. We simply cannot make efficient decisions without our emotions.[2]
It’s no secret that inherent biases influence jurors’ perceptions in court. Jurors selectively attend to arguments and evidence. They engage in motivated reasoning – reasoning designed to create a good-feeling equilibrium between conflicting information and emotional preferences. In short, most of us are wired to make decisions that feel best, and our brains are wired to reward this behavior. Jurors do this every day, in every case, in big ways and in small.
Now, pair the influence of that powerful emotional decision-making (which may not reflect a rational process) with what we know about the persuasive power of jury leaders.
(1) Forepersons consistently contribute a greater proportion of deliberation content than any other juror. They talk the most, and usually have the greatest opportunity to reveal their positions.
(2) Singular voices can be as persuasive as groups of likeminded jurors.
“In fact, if one person in a group repeats the same opinion three times, it has 90% of the effect of three different people in that group expressing the same opinion.” (PSYBLOG)
(3) Jury verdicts are related to the foreperson’s pre-deliberation vote.[3] An empowered singular voice that also belongs a group leader is difficult to shut down. A foreperson’s repetitive voice increases the accessibility of his/her opinion just as if multiple voices were sharing the same opinion.
There is no question, other jurors will mind the jury leader, so you should too. So, how can you identify and detect jury leaders?
Test your case issues. A leader can emerge when Juror #9 suddenly and unexpectedly applies a past experience working at a paper mill to the facts of your environmental contamination case. Mock trials and focus groups provide useful insights into the individual experiences and thought process that can influence decision-making in your case, and help you anticipate jury experts and jury leaders.
Observe carefully. Leaders often come from analytical professions, have supervisory experience, and command attention and respect from their peers. They also tend to demonstrate a problem-solving orientation in the courtroom (perhaps they find the extra chair for another juror when the courtroom runs out of seats), and they may reach out to others in conversation, or assist elderly or disabled jurors. Watch for these and other indicators that a juror is respectful of others, well-respected by others, and willing to share their leadership qualities with a group.
Listen in jury selection. Leaders are heard in jury selection. In attorney-conducted voir dire, they may be cautious and inclusive of others at first, but they will speak up. Look for jurors who speak louder than others, speak in full sentences, and answer open-ended questions with multiple statements.
[3]See Devine et al. (2007). Deliberation Quality: A Preliminary Examination in Criminal Juries. Journal of Empirical Leal Studies, 4(2), 273-303.
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