*
The Jury Bias Model™
is a trademarked name

 

Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it... can even do much to help it...

U.S. Court of Appeals Judge for the Second Circuit
Learned Hand "Spirit of Liberty" Speech - May 21, 1944

 

 

Everyone has feelings, beliefs and attitudes that color their perceptions of the world. Identifying how potential jurors make judgments, form opinions and explain behavior is critical to the outcome of your trial. When a potential juror holds a bias that is key to the issues inherent to your case, he cannot be expected to evaluate the evidence objectively and is a poor candidate to serve on that particular jury.

The filters through which jurors receive and process information are firmly ingrained, shaped by a lifetime of familial, social and political influences. Jurors will not change their predispositions and attitudes about the world to fit your trial story. The Jury Bias Model™ provides powerful insights into how jurors are likely to think and feel about the issues raised in your case. It teaches you to prepare your trial story to overcome prejudices against your client and take advantage of their biases in your client's favor. We employ a variety of research tools to assist you, including focus groups, mock trials, public opinion surveys, metaphorical research, and structural integration.

Together, David Wenner and Greg Cusimano have consulted with some of the most successful plaintiff firms nationwide. Their Jury Bias Model™ uses proven research and methodology to help you identify bias among the venire and make a crucial personal connection with each juror as you present your case.

 

 

 

Using the Jury Bias Model™ to Overcome Tort Reform Bias

The spirit of liberty is the spirit of Him who, near 2,000 years ago, taught mankind... that there may be a kingdom where the least shall be heard and considered side by side with the greatest.

U.S. Court of Appeals Judge for the Second Circuit
Learned Hand "Spirit of Liberty" Speech - May 21, 1944

 

The Jury Bias Model™ is based largely on the perceptual lenses that jurors apply in deciding cases - lenses that often bias juror decision-making. It helps trial attorneys identify possible biases by using scientific and psychosocial methods to gather and evaluate information from potential jurors.

In today's tort reform environment, a large segment of the public has adopted negative attitudes about plaintiffs, their lawyers and the civil justice system. Tort reform advocates have done such a thorough job of implanting biases in many potential jurors that it is virtually impossible for those individuals to overcome their bias in a jury situation.

The Jury Bias Model™ was created specifically to help you identify potential jurors who hold such biases and, thus, reduce the impact of tort reform's years of propaganda. It teaches you to use tort reform's themes and rhetoric to your advantage beginning with discovery, during trial strategy and preparation, jury questioning and throughout every phase of trial preparation and presentation.

Time and again, we have observed how applying the Jury Bias Model™ can stem the tide of jury bias. We believe that our psychological approach to preparing plaintiffs' cases and fighting for courtroom justice may be creating a paradigm shift in American public opinion.

 

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The Role Of Jurors In Our System Of Justice

I'm no idealist to believe firmly in the integrity of our courts and in the jury system - that is no ideal to me, it is a living, working reality. Gentlemen, a court is no better than each man of you sitting before me on this jury. A court is only as sound as its jury, and a jury is only as sound as the men who make it up.

Harper Lee, Author
The character, Atticus Finch, in his speech to the jury “To Kill A Mockingbird”

 

The right to a "trial by jury" in American jurisprudence can be traced back to 13th Century England. It was considered so precious by our forefathers that deprivation "of the benefits of trial by jury" was cited as one of the primary reasons for signing the Declaration of Independence. Trial by jury was guaranteed in some form in the constitutions of the original thirteen states, in the U.S. Constitution and in the constitution of every state entering the union thereafter.

Trial by jury is the ultimate expression of "the consent of the governed," and reflects a fundamental vision of the way laws should be enforced and justice administered. The right to be tried by a jury of one's peers is a cherished American safeguard against unfounded charges brought to eliminate one's enemies in the public, private and business realms. It is an essential safeguard against government oppression, legislative error, the unchecked power of judges and prosecutors, or the overbearing influence of any individual or special interest group.

In a jury trial, the judge determines the law to be applied in the case, as crafted by legislators and interpreted by the courts. The prosecutor represents societal interests and the defense counsel represents the interests of the accused. But, it is the jury that judges the validity of the law, its intent, and the guilt or innocence of the defendant.

Jurors are the most important officers of the court. They have the ultimate responsibility for rendering a verdict based not only on the merits of the law, but also on their conscience and their sense of justice. While the judge will attempt to direct the trial according to the principles of fairness and impartiality, ultimately, the jury is the true and final judge of fact.

 

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* The Jury Bias Model is a trademarked name