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Insights

Articles by NJP consultants on jury selection, jury research, and trial strategy.

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Trial Strategy

Five Steps to Persuasion in Opening Statements

How do you, as the attorney, persuade the jurors in such a way that they persuade each other to decide in your favor? Nearly 50 years ago, researchers at Yale identified the five steps in the persuasion process: attention, comprehension, acceptance, retention, and action. You must have the jurors' attention, they must understand your message, they must accept or agree with it, remember it, and act on it in the desired fashion in deliberations. How do these factors play out on a practical level in preparing an opening?

Jury Selection

Practical Tips for Jury Selection in Civil Rights Cases

The key to getting answers that mean something from jurors, on sensitive matters like race, gender, or any other subject for that matter, continues to be the use of open-ended questions. Planning ahead and being prepared are also essential for obtaining the most information possible, given the courtroom conditions.

Jury Selection

The Case for Meaningful Voir Dire on Race and Sexual Orientation Bias

Recent United States Supreme Court decisions and some state appellate decisions have greatly restricted attorney-conducted voir dire and the scope of the inquiry. However, at the same time the courts have expanded the prohibition on the discriminatory use of peremptory challenges. This article suggests ways in which this line of cases, along with supporting social science research, can be used to justify and expand meaningful voir dire.

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