Deliberations

The Importance of Trial Consulting to Attorneys and the Legal System

By Jonathan P. Vallano, Ph.D.

In the past 25 years, trial consultants have become increasingly important to litigators and litigation alike.  In fact, trial consultants arguably permeate the landscape of complex litigation.  Although there is little doubt that trial consultants provide attorneys with valuable tools to help them more effectively represent their clients at trial (e.g., via pre-trial research, focus groups, trial and witness preparation, etc.), are the services provided by trial consultants limited to trial?  This post will discuss the role that consultants play in all phases of litigation, particularly cases that do not make it to trial.  This post will also discuss what a consultant's role should be, and whether this role should transcend individual clients to assist the legal system as a whole.  That is, should we urge consultants to extend their influence beyond improving litigators' individual advocacy efforts on specific cases to using knowledge of research and practice to inform and improve the legal system? 

Overconsumption: Our media, our jurors, and its impact on our verdicts

By: Michelle-Ramos Burkhart

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A recent study conducted by the Pew Research Center in 2013 found the following increases in media use over the past decade (from 2000 to 2010):

 

• The average internet use by adults rose from 46% to 79%
• The use of home broadband rose from 5% to 64%
• The ownership of cell phone use rose from 50% to 82%
• Social network users rose from 0% to 48%

 

There is no question that the media now permeates every aspect of daily life.  On average, individuals spend 30% of their waking hours using some form of media (Lamb, 2005).  It is reasonable to assume from these figures that media has also significantly affected the justice system and our legal process.

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Although across the U.S. crime rates have continuously declined, researchers are now examining the effects of media sensationalism and the everyday visual access to crime scenes via television and internet on jurors' perceptions and opinions.  Many jury consultants would agree that there is a relationship between legal media reporting and viewing and a juror's opinions on everything from an attorney's demeanor to their position on the death penalty.