Role Of Psychology In Trial Consulting

Role of Psychology in Trial Consulting The controversial trial of OJ Simpson has undoubtedly been a great contributor to the increased popularity of the trial consulting in high-profile and high-stake cases. During the trial, a consultant named Jo-Ellan Dimitrius with a PhD in criminology picked the jury who found OJ Simpson not guilty. Trial consultants have been involved in numerous well known high-profile cases such as those of Kobe Bryant’s and Scott Paterson’s (McDermott, 2004). Many trial consultants have backgrounds in social sciences such as clinical psychology, sociology, or anthropology. However, having an education in such fields is not a requirement, although preferred, and those with various educational backgrounds such as criminology, …show more content…
According to Andrews (2005), trial consulting consists of empirical research and consulting services designed to evaluate how a judge or jury will perceive and react to case theories, themes, issues, arguments, witnesses, evidence, and exhibits. Furthermore, consulting services are meant to help increase the case effectiveness and improve attorney’s persuasive impact and to assist them in preparing for alternatives dispute resolutions (ADR) in mediation, settlement conferences, advisory hearings, mini-trials, and summary jury trials (Andrews, 2005). Trial consultants could be hired to predict or sometimes even to influence jury’s behavior and decision making in order for the attorney to gain a winning edge and tip the scales in their favor. Trial consultants could predict and influence the jury’s decision making based on their preconceptions, experiences, knowledge, and biases. They help attorneys present the strongest case by educating them about psychology of communication and persuasion, and basic psychology of emotion, social behavior, personality, cognition, group dynamics, and other factors that influence jury’s decision making (Andrews, 2005). Occasionally trial consultants are hired because their client, namely the attorney, lacks courtroom or jury selection experience (Andrews, 2005). Some of services provided by trial consultants include, but are not limited to, change of venue studies, expert testimonies, witness training, focus groups research, mock jury trials, pro bono services, witness preparation, voir dire strategy, community attitude surveys, post-trial juror interviews, trial simulations, studies for nonjury settings, pretrial case analysis, pretrial survey analysis, pre/ in-trial/ and post trial consulting services, etc. (Andrew, 2005) (American Society of Trial Consultants, 2016). The sizes and types of cases trial consultants work on could vary