Minnesota Behavioral Intelligence
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Trial and Litigation Assistance

Juror Profile, Monitoring, and Detecting the "stealth juror"

The "high-risk" juror profile is developed for improved voir dire process. This profile identifies the worst case scenario. It seeks to uncover the type of juror that should be avoided specific to the case at hand. It identifies pre-conceived notions, one's stage of moral development, impact from social, personal and family life, and related demographics.

The "best case" profile estimates the personality type and the cognitive status of each potential juror. This profile is your map to know which jurors are more influenced by an "affective dominant" vs. "logical dominant" reasoning. Each type has its own cognitive and perceptual biases that can distort their decision making process.

We monitor the jurors emotional response because it is impossible for anyone to simultaneously track several juror's nonverbals while also performing their legal expertise.

Control the jury's emotional influence. By noting specific stimulus-response patterns of the jury, the attorney gains valuable insight to the emotional/stress reactions of the audience. Knowing which topic or particular phrasing has caused a positive or negative reaction helps determine when and how to reframe your message to gain a juror's acceptance. As your "second set of eyes" you will be better prepared to know the jury's fluctuating emotional status. This same process is also helpful during negotiations.

How to prevent the Stealth Juror. The Stealth Juror manipulated their way onto the jury panel. They slipped through the watchful critique. They seek public exposure on high value cases. Their main goal is to manipulate the jury to accept their bias. MN-BIA's CFI tracks each juror in session and when a ''stealth juror" is suspected, we send our covert investigative interview team to reveal them.

Opening and Closing Argument

Cognitive psychology says we tend to perceive exactly what we are expecting. Initial perceptions resist change even in the face of new evidence. Exposure to blurred circumstantial evidence can interfere with accurate perception. The opening argument is most at risk for generating this type of bias while the closing argument can undo the opposition's manipulative use of perceptual bias.

By understanding the group psychology of the jury, we can best predict the types of bias that would most likely affect their decision making. This knowledge helps fine tune the use of key phrases of the argument. We can help you design a credible and engaging story that a jury can connect with. Phrasing, voice tone, and gestures in the opening arguments can impact the jury's initial biases and expectations, and we can help you tailor your opening arguments to set the tone in a way that the jury can understand and relate to, and we can help fine-tune your delivery and presentation throughout the trial based on the reactions of the jury.

Coaching and Witness Preparation

Studies in attitude and social psychology consistently suggest most people make a lasting impression of another during the first 3 to 5 minutes.

Incongruity between verbal and physical nonverbal communication is perceived as distrustful. To improve your odds of being favorably viewed, a presentation rehearsal will examine any incongruency. We teach specifically how to prevent that issue from becoming a liability.

Teaching effective cognitive coping skills are designed to minimize anxiousness. This will improve the appearance of trustworthiness and high self-confidence before the court or during negotiations. Attire, gait, verbal and non-verbal communications, natural controlled mannerisms, and prosody of speech are all considered.