Article originally published in 2020; refreshed and expanded in 2025. Attorney Ben Cloward’s Groundbreaking Approach to Jury Selection Delivers Justice When acclaimed Las Vegas trial attorney Ben Cloward (Benjamin P. Cloward, Esq.) faced a complex negligent security case involving the wrongful death of a 23-year-old Nevada Army National Guard member, he partnered with JuryAnalyst to […]
Explore how cognitive biases like confirmation and racial bias impact jury verdicts, and discover modern strategies to ensure fair trials.
Explore the complexities of jury selection, emphasizing the importance of attitudes and experiences over mere demographics for fair outcomes.
Explore data-driven strategies to enhance voir dire effectiveness, leveraging predictive analytics, surveys, and AI tools for smarter jury selection.
Explore five essential metrics for identifying and mitigating juror bias in civil cases, integrating traditional methods with modern technology.
Understanding the Jury Selection Process: A Step-by-Step Guide Navigating through the steps of jury selection reveals the critical role of the jury pool’s size in the legal system. A large group of potential jurors is summoned to court, where they are questioned to ascertain their suitability for impartial judgment – a phase known as voir […]
Trial lawyers are keenly aware of how crucial a role that the composition of a jury plays in determining the outcome of a trial. In order for the legal process to successfully uphold the ideal of a defendants’ right to a fair trial, jurors must evaluate the evidence that informs the verdict in a fair […]
A juror tasked with objective deliberation and verdict issuance based on evidence presented in court embodies the foundational aspect of a fair trial. The justice system relies on their impartiality as a cornerstone for legal integrity. Juror misconduct, encompassing any inappropriate or illegal conduct that undermines the jury’s function, can include communication with external parties, […]
Artificial Intelligence (AI) is no longer a figment of sci-fi novels but a tangible reality impacting numerous sectors, including law. In the latest episode of our podcast, we unravel the power of Supplemental Juror Questionnaires (SJQs), shedding light on their potential to increase juror disclosure and combat common courtroom issues, and AI in jury selection […]
Wildfires & Utility Companies: Unveiling Legal Insights Other ways to listen: Apple Podcast Spotify Google Podcast Podcast Index Amazon Music Wildfire Litigations – California Burning & Beyond We wanted to reach out and share some exciting news about our recent podcast episode on wildfire litigations. In this episode, we explore the complexities of seeking […]
In the previous articles of our series on confirmation bias, aka perception bias, in the legal system, we explored the profound impact of confirmation bias on jury selection and decision-making processes. We discussed how bias can lead to biased evaluations of evidence and witness testimony and the tendency to favor information that aligns with pre-existing […]
In our previous article, “Confirmation Bias: The Science Behind its Impact on Jury Selection and Litigation”, we explored the concept of jury bias and its profound effects on jury selection and decision-making processes. We emphasized recognizing and addressing this cognitive bias in the legal system. Building upon that foundation, this article delves deeper into the […]
Trial lawyers are keenly aware of how crucial a role the composition of a jury plays in determining the outcome of a trial. For the legal process to successfully uphold the ideal of a defendant’s right to a fair trial, jurors must evaluate the evidence that informs the verdict fairly and impartially. However, a considerable […]
Trial preparation and pre-trial research play pivotal roles in achieving successful outcomes in legal cases. The ability to gather insights from potential jurors and refine trial strategies based on carefully conducted and scientifically validated research is crucial. The use of focus groups and mock trials are some of the most traditional approaches to trial preparation […]
Is the law profession finally catching up with technology? In recent years, artificial intelligence (AI) has emerged as a transformative force that has permeated the daily operations of virtually every industry, and the legal profession is no exception. The application of AI in law has gained considerable attention, with notable successes but also critical setbacks. […]
The judicial system strives to provide fair and impartial trials, relying on jurors to evaluate evidence and make informed decisions. However, in an era dominated by the media, the impact of extensive coverage on public opinion cannot be ignored. The growth of the internet has made access to information more accessible than ever, and the […]
When conducting social psychology research, the starting point is devising a clear research question, with operationally defined outcome variables. What do I want to know and how can I translate that question into measurable terms? To investigate that question, you then assemble a group of randomly selected participants. You want to ensure that the group […]
The complex and multifaceted nature of human behavior can often make it challenging to predict how individuals will act in specific situations. To determine whether a juror may exhibit bias or make irrational decisions, it’s essential to have a comprehensive understanding of the context in which they will make their decision and the stable and […]
Juries play a critical role in the justice system, making decisions that have life-changing consequences for the accused, victims, and their families. The ideal jury should be composed of impartial and unbiased individuals. However, group decision-making in the jury room is a complex process, influenced by a wide range of factors that can often leave […]
Define Scientific Method – 6 step of the scientific method is a procedure of scientific method that has defined science since as early as Aristotle in ancient Greece. What is meant by scientific method, rules in science list, and practical alchemy, which focuses on it, consists of several intentional and logical steps to test an […]
If you’re planning a mock jury/ focus group big data research study, the first thing you need to do is sit down and prepare a “case summary” for each of your four or six key issues that will be addressed in the focus group. In today’s podcast, Russell Nicolet and I take a look at […]
The Sixth Amendment of the United States Bill of Rights guarantees defendants certain rights, an important one being the right to a fair and impartial jury. Despite this, it’s extremely challenging for any juror or potential juror to avoid possible sources of bias from information or misinformation from sources like social media and 24-hour news […]
Saving The World One Case at a Time Kenneth Foard McCallion a Former DOJ/NY State Prosecutor and still top civil litigation attorney discusses his newest book with another world-class attorney John Uustal, our show host. Listen to some of the behind-the-scenes landmark legal cases of our time. John and Ken compare their sovereign immunity breakdowns. […]
Listen on Apple Podcasts Listen on Google Podcasts Listen on Amazon Music Listen on Spotify We caught up with Jason Leonard trial lawyer during a sizeable Premises Liability Case. Jason has been known to parachute in at the last moment and get the best result for his firm’s plaintiff’s client. One of the largest firms in […]
On March 16, 2020, the coronavirus (COVID-19) pandemic first began to affect court proceedings, when a New York judge declared a mistrial in the case of a doctor accused of sexual abuse after the defense attorney arrived at court with COVID-like symptoms. Later the same day, New York’s Office of Court Administration issued an indefinite […]
As previously discussed online focus groups can play a major role in whether or not you will win your case. Of course, attorney skill and the strength of a case are of great importance, jury focus group can help drive new attorneys and even weak cases to a win if used correctly. Focus groups, both quantitative […]
This is the final post in a series about memories of eyewitness testimony. The first post described how memories are formed and remembered, while the second talked about how memories decay can be distorted and manipulated. This post will give some suggestions on increasing the accuracy of information an eyewitness provides. In the previous two […]
This is the second in a series of posts about memories of eyewitness testimony. The previous post described how memories are formed and remembered, and now we’ll talk about how memories decay can be distorted and manipulated. The final post will give some suggestions on how to maximize the amount and accuracy of information an […]
Eye Witness This is the first in a series of posts about memories of eyewitness testimony. This post describes how memories are formed and remembered, while future posts will talk about how memories decay and can be distorted and manipulated, and provide some suggestions on how to maximize the amount and accuracy of information an […]
As a trial lawyer, you’re always looking for an edge in court. Whether it’s a new legal argument or a way to connect with jurors, every little bit helps.https://juryanalyst.com/best-voir-dire-questions/That’s why we’ve put together some clips of some punitive damages cases involving our plaintiffs and trial lawyers. Not to mention my iconic multi-billion car gas tank […]
Big Data doesn’t always mean smart data.
Imagine you are driving home from work. You decide to break from your routine and take a different way home today for a change of scenery. As you are coming up a hill, you face a scary scene that triggers an immediate adrenaline rush. Two vehicles are barreling towards you. A tractor is coming down […]
UPDATE: Current States Trend (updated April 4, 2023) Define Imperative : Arizona was the first state to eliminate peremptory challenges to prospective jury family members. The new law came about after a petition from a group of appellate judges was approved by the Arizona Supreme Court. This groundbreaking law took effect on January 1, 2022, […]
Building a strong client relationship Seasoned trial attorneys often say the key ingredient in a good attorney-client relationship is a sense of mutual cooperation. But how do you establish that kind of relationship? Managing clients’ expectations is essential in building strong client relationships and retaining loyal clients. To establish relationships that benefit both you and […]
Are juror decisions full of “NOISE,” and what can we do about it? In his recent book co-authored with Olivier Sibony, and Cass R. Sunstein, Daniel Kahneman, a famous psychologist, and economist, Emeritus Professor at Princeton University, and Nobel Prize-winning author of the highly influential Thinking, Fast and Slow, describes how Noise – the title […]
Other Ways to Listen Listen on Apple Podcasts Listen on Google Podcasts Listen on Amazon Music Listen on Spotify Social scientists use the term implicit or unconscious bias to refer to stereotypes or attitudes that operate without an individual’s conscious awareness or control. These attitudes or stereotypes can affect a person’s thoughts, actions, and decisions […]
Every law student learns about Batson v. Kentucky, the landmark 1986 U.S. Supreme Court case that held that a prosecutor cannot strike potential jurors based on race in a criminal trial. That principle was later extended to civil litigation, with the Supreme Court saying in Edmondson v. Leesville Concrete Company that racially discriminatory criteria may […]
Like previously discussed in our blog, supplemental juror questionnaires (SJQs) are essential to getting the best possible jury and, in turn, winning your case. With COVID-19 continuing to ravage the United States, SJQs are becoming more widely used and accepted, even in the most conservative jurisdictions. They are being classified as an essential tool to […]
The legal service industry is still on the brink of a ai revolution and we can’t wait to change it with you. Join us, won’t you? The firm launched with the belief that pre-litigation services will be most successful when they are accessible to majority of plaintiff attorneys- without regard for wealth or status. Assuring […]
Human interaction and socializing were completely transformed in the early 2000s when social media platforms began to gain popularity. In 2005, only 5% of the US adult population used social media; 15 years later, that number is now around 80%. (1) Social media has gone from being a commodity to somewhat essential in multiple facets […]
In-Person Vs. Virtual Trials in Times of COVID-19 COVID-19 has completely changed the way we do nearly everything in life. From going to the store to family gatherings, things are different. The effect of COVID-19 is especially salient in the court system. In the United States, our court system provides justice in both criminal and […]
Persuasion is key in court cases and one of the best tools to persuade the jury is an expert witness. Witnesses are brought in for trials as tools to strengthen your claims and overall case through their expert testimony. Experts have advanced knowledge on specific topics and the ability to explain difficult concepts to help […]
Jurors’ Perceptions of the Jury Selection Process and Why It Matters The most experienced attorneys know that jury selection can make or break your case. It does not matter how much you prepare for the trial or how great your evidence may be, you can still lose a case simply because a single juror manipulated […]
Jury diversity has been an often-discussed problem in many legal cases for decades. Before the Civil Rights Movement company in the 1960s, jury service did not exist. Grand Juries were almost entirely composed of white Christian males. Minorities Racial Classification, women, and non-Christians were never given a jury of their peers. Instead, the majority selected […]
The Effect of COVID-19 Over the past several months, the coronavirus has completely shaken the world. The extreme precautions necessary for public safety have created what many news sources are calling a “new normal.” This new normal, which includes the required use of face coverings and fear to maintain a certain distance of proximity to […]
Plaintiff’s Guide to Litigation Funding Cashflow can get tight, especially during the current pandemic. COVID-19 is causing trials to be suspended and creating a rift in the traditional way trial preparation is conducted. This can lead to rushing to settle cases to keep cash flowing. However, this is not the only way to get cash […]
Oral voir dire in federal and state courts have been known to hinder the discovery of important information about potential jurors. In federal courts, voir dire questions are limited to what you can ask, who can ask them, the time allowed for questioning, and the ability of individual juror questioning. This means that an alternative […]
Over the last six months, remote work has become the norm. Many Americans are working from home and doing every aspect of their job from their couch or home office. Even in law, videoconferencing and remote technology have become the new norm in the field. Traditionally, practicing law required a significant amount of face-to-face interaction. […]
COVID-19 and SJQs COVID-19 is a tragedy that has affected our nation in a way no living American has ever seen. It has changed our face-to-face interactions, our feelings of safety, our trust in our government’s safety protocols, and nearly every other aspect of our day-to-day lives. However, through even the toughest of times, the […]
Having the best voir dire questions goes a long way to ensuring higher verdicts. By employing the best voir dire questions, you reward yourself and your client with the most advantageous jury possible. The more advantageous the jury duty is, the better your chances of winning larger awards will be. That’s why sample jury selection […]
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