By Dr. Ken Broda Bahm:
The chance to interview a juror is a precious opportunity. Whether it is a mock juror interviewed in the course of a focus group or mock trial, or an actual juror interviewed after they are dismissed at the end of trial, an interview can help you to get inside their minds and to learn more about how to more effectively make your case. At the same time, there is also some nuance to getting the best information out of jurors. A research interview or post-trial interview is not at all the same as conducting a deposition or witness examination. Getting the juror to open up requires a strategy, a lighter touch, and a more open-ended approach. This post will share eight ways of asking questions that get at that.
One, Ask “What Stands Out?”
Of everything that you heard so far, what stands out the most?
Before getting to what we think is important, we want to get an unfiltered take on what they think is important. The answers are often surprising.
Two, Ask “How Would You Describe…?”
In your own words, how would you describe what this case is about? …describe the Plaintiff? …describe the Defendant? …describe the Witnesses?
Instead of asking about your descriptions, check first on what theirs are. Their own descriptions will reveal how they’ve understood and framed the story and the characters as they heard it.
Three, Ask “When Did You Decide?”
Thinking back as you heard the evidence in this case, when do you feel you arrived at that ultimate decision?
Jurors aren’t always able to answer this fully, but when they do, it usually points to a key moment or fact during opening, testimony, or argument, and provides a map to what you want to emphasize next time.
Four, Ask “What Changed Your Mind?”
Initially, you said you were favoring the Plaintiff, but ultimately you sided with the Defense. What changed your mind?
When you can directly observe changing attitudes (e.g., in a mock trial or focus group), it is useful to ask what specifically converted people from one side to the other. Learning that helps you learn the key persuasive levers in your case that actually work.
Five, Ask “How Do You React to…?”
What is your reaction to this fact? …this demonstrative? …this witness?
Jurors tend to respond by saying that everything was important and useful. But when you put them on the spot a bit and ask how they react to one of the specifics, you’re likely to learn more about what matters and what doesn’t.
Six, Ask “What Would It Have Taken…?”
I know that you ultimately favored the Plaintiff, but what would it have taken for you to get to a Defense verdict? What facts, evidence, or law would have needed to be different for you to get to that point?
When jurors are able to think about their own thought processes, their understanding of the scenarios that could have led to an alternate verdict can be illuminating.
Seven, Ask “What If I Told You…?”
What if I told you that there were prior incidents of this same kind of accident?
Sometimes there is information that may not get into evidence, or did not get into evidence. That information could potentially matter. The reality is that jurors will often say that new evidence wouldn’t change their minds (an example of “cognitive consistency bias”), but sometimes jurors will share some insight on how different information could have played out.
Eight, Ask “Why?”
Why did you reach that conclusion?
Sometimes the simplest questions are the best. Ask jurors why they reached their verdict, and also ask why they believe and feel as they do. This is also a reason to have a perceived neutral asking the questions. Jurors and mock jurors know that the lawyers have at least six answers to any reason they might give, and that can make them reluctant to be honest. But with a neutral interviewer, the jurors feel like experts and are more willing to explain.
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Other Posts on Juror Interviews:
- Follow Nine Rules for Post-Trial Juror Interviews
- Treat Post-Verdict Juror Interviews as Education, Not Discovery
- Dig Deeper When Interviewing Jurors