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Original Articles

THE FORUM

Pages 381-393 | Published online: 22 Jun 2011
 

Abstract

Expertise for Sale. Zack and Martha Prophet are behavioral scientists with more than 20 years experience in studying the behavior of jurors. They have set up a consulting firm, Jury Dynamics Inc., to work with lawyers in two major arenas. The first consulting activity is jury selection. They advise lawyers on which questions to ask and how to exercise challenges in order to empanel a jury most sympathetic to the case the attorney plans to present. The second major consulting activity involves empaneling shadow juries, comprised of demographically similar individuals to the actual juries. These shadow juries are used to test lawyer's tactics for effectiveness and to listen to tapes of trials in progress. In the latter instance, the shadow juries can provide advance data on potential outcomes, thereby indicating when settlement options should be considered.

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