For years, big data companies have been collecting and mining public and quasi-public information about most Americans’ consumer, financial, health, political, and personal interests.
When used in a scientific process, data mining and predictive modeling can leverage the statistical analysis of known demographic groups to provide reliable predictions about how representative sections of the population will respond to a set of facts. They have taken proven methodologies used in other industries and applied them to the legal field.
However, the legal industry has been painfully slow to adapt to the practice of data mining and predictive modeling. As a result, the law profession has unused billions of bits of personal information on the general public that’s routinely stored in ever-growing databases. Big data is proving to be invaluable when it comes to jury selection.
Until recently, big data was generally used only by jury consultants or large law firms with access to the data and the resources to mine it. However, these vast amounts of data are increasingly being recognized as an opportunity to acquire information on potential jurors that was previously unavailable.
A Trial’s Outcome Is Often Determined Before It Begins
Lawyers traditionally picked jurors based on what they could observe — race, gender, age, body language. Often, this was the only information lawyers definitively knew about the jury panel.
This resulted in a jury selection system that:
- Failed to create a representative cross-section of the community
- Encouraged the discriminatory use of peremptory challenges
- This resulted in an unacceptably high juror “no-show” rate
- Disproportionately disadvantaged litigants and defendants who could not afford to hire jury consultants
Big data mining has the potential to remedy many of these existing limitations and inequities – allowing for highly personalized, current, and targeted information for locating qualified jurors in any jurisdiction.
The availability and use of precise algorithms to provide personally targeted data in real time provide more representative jury venires. This collected personal data can also reveal attitudes, inclinations, and interests.
For litigants and defendants, this means information that could once only be obtained from expensive jury consultants is now available to all parties, revolutionizing and democratizing how jury panels are selected.
Pluses of Big Data and Predictive Modeling
Using big data and predictive modeling allows attorneys to get detailed, statistically significant information about possible jurors and how they will likely respond to issues, topics, witnesses, and concepts of any given case.
Risks of Big Data and Predictive Modeling
The adoption of big data technology carries real risks. Among them:
- invasion of privacy issues that could result in significant backlash against jury service
- constitutional concerns of equal protection, especially in regards to race, gender, or ethnicity
- practical, theoretical, and constitutional dilemmas about jurors
Fair and Impartial Jurors
Many lawyers are afraid of the jury. They fear missing the one person in the pool who may have a hidden bias against their case. As a result, they select jurors based on their gut reaction or their own experience.
With the advent of big data and predictive modeling, it’s statistically possible to identify the potentially biased jurors that might destroy your case. Ignore that information at your peril!
Finally
Nothing can guarantee a favorable trial result, but statistically valid information is proving to be a game changer. There can be no doubt that the use of big data analytics has created a powerful tool for litigators.
At the very least, every lawyer needs to understand the basics of big data and predictive modeling.If you’re not using big data and predictive analytics in your trial preparations, you’re already behind your competition.