An art or a scourge? You be the judge;
Jury consultants hail from a variety of fields—business, law, marketing, communications, theater, statistics, but especially psychology. About half of all trial consultants are psychologists. Work can begin months before a trial with community surveys. Consultants may cold-call random people from the local phone book and ask them questions about their age, race, gender, religion, profession, and political views. Then they ask about their views on issues pertaining to the case and maybe their reactions to a brief case description. They’re looking for correlations between the two sets of answers.
Next they’ll pay a small number of people to participate in focus groups, where they actually test parts of their case—particular arguments, pieces of evidence, or witnesses. That furnishes detail on how different types of jurors react. On occasion consultants stage full mock trials with the lawyers and actors and then scrutinize the “jurors” as they deliberate.
Armed with a sense of which issues and which juror characteristics matter most to the trial, consultants draw up juror questionnaires and devise strategies for voir dire. Some question topics are straightforward: family, education, experiences with the justice system. Some are highly detailed: The questionnaire for the 2004 Kobe Bryant rape case asked, “How do you feel about interracial relationships?”, “Which of the following best describes your opinion of professional basketball players?”, and “Describe your exposure [to this case from each of the following media outlets].” Forms usually run a few pages, but can be much longer in big cases; the questionnaire in the O.J. trial ran 75 pages, with more than 300 questions.
h/t Maggies Farm


