In this phase we undertake any of three exercises:

A community survey for jury research on expected risk at trial or venue change

Jury simulations and mock trials

Focus groups

Data collection in group exercises is enhanced by continuous electronic monitoring of juror reactions. Each juror's seat (both in our studio courtroom, and in field settings as well) is equipped with a 12-point responder or answer key pad. Ratings of plaintiff and defense presentations are collected from each juror every two seconds and analyzed by computer with tracking of specific subgroups. The resulting graph of approval ratings is then superimposed on a video image of counsel addressing the jury. This technique provides immediate identification of offensive or effective rhetorical elements. A videotape of this rating history is provided in addition to immediate feedback for clients on closed- circuit television in the viewing area. We analyze these videotapes and other data to evaluate arguments from a social science perspective.

(See Harvey A. Moore, Ph.D. and Edward F. Gerecke, Esquire, " Qualitative Research, Thematic Development and Jury Selection in Mass Tort Litigation ", paper presented at the Defense Research Institute Seminar on Medical Device Claims, Tampa, Florida, May 9-10, 1996)

Phases of Research: Phase 1 | Phase 2 | Phase 3