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Article by JRI Consultants



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Learning
from Experience:
How to Conduct Post-Trial Interviews
Note: This outline is presented as
a working document for conducting post-trial interviews with jurors.
Extensive commentary on the rationale for various questions and
interview strategies are omitted in order to keep the outline as
functional as possible. More in-depth discussion of these issues may
be obtained by contacting the author.
I. PREPARATIONS
A. Establish purpose(s) of interviews.
(e.g. investigate possible misconduct,
obtain general feedback)
B. Ascertain local rules of court.
C. Identify interviewer.
D. Choice of Interviewees
E. Timing
F. Where
G. Payment
II. THE INTERVIEW
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(Start with very
broad, open-ended questions. Jurors have pressing thoughts and
reactions they want to describe. Get them out right away. These
are likely to be the most salient issues which guided their
thinking and analysis of the case.
The order of the
remaining questions can vary widely, depending upon objectives of
the interview. In general, remember that jurors may not be able to
easily discuss the case along plaintiff/defense evidence
distinctions. Most jurors don't process the incoming information
along these distinctions. Instead, they form global, cumulative
impressions of the case over time. Thus, the interviewer may want
to explore global issues first, then move to the specifics of the
case last. Maintaining a flexible interview attitude is very
important in order to allow jurors to present their views. It is
better to conduct an interview that is verbally productive but
requires analysis later (via the transcripts), than to conduct an
interview which yields merely curt `yes' and `no' answers in
response to the interviewer's outline of the evidence.) |
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A. Order of topics
1. Broad overview questions
2. The evidence and exhibits
3. Witnesses
4. The deliberation process
5. The reactions of other jurors and
coalitions that were formed.
6. Participants in the trial (attorneys and
judge)
SAMPLE INTERVIEW
IDENTIFIED PURPOSE OF SAMPLE
INTERVIEW: Primarily educational, as there may be other, similar cases
in which the same witnesses could be called or similar themes
addressed. The attorney also wants interviewer to mildly probe for
juror misconduct, although there is no compelling evidence to explore
for anything specific.
(The following are
examples of probing, open-ended questions that could be used in most
any interview with the above objective. Several questions are merely
different ways of asking for the same information, thus not all would
be asked. These sample questions are provided as a reference list of
topics to cover, a suggested order of questioning and various ways of
wording the questions to elicit the most information from the juror.)
 | Overall, what did you think of the trial?
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 | What events or facts stand out most in
your mind? |
 | What left the greatest impression on you?
(witness, document, behavior of counsel) |
 | Was there a "turning point" in the trial
for you? What was it? |
 | Was anything missing? What was left out
of the trial that you were waiting to hear? |
 | What did you assume about the missing
information (witnesses, documents)? |
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 | (Avoid questions that begin with
"did." For example, "Did you think the opening statements were
persuasive?" Generally, the answers will be `yes' or `no' and will
provide little insight. Instead ask:) |
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 | What were your reactions to ....?
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 | How did you feel about ....(the testimony
of x, the photographs, etc.)? |
 | What did you think of ....? |
 | Which exhibits stand out in your mind?
Which ones do you remember? |
 | Who do you remember most from the witness
stand? Who stood out in your mind? Why? |
 | Who else? |
(For each significant witness)
 | What were your impressions of (Mr.
Smith)? (witnesses) |
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 | (Ask this question using the plural
form. If you ask, "What was your impression of ," you'll
usually get a single reaction, rather than a more narrative
response.) |
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 | How would you describe him/her in terms
of his/her credibility? |
 | How well did they (the witness)
communicate? |
 | What did they leave out of their
testimony that you wanted to hear about? What did you surmise about
the testimony that was left out? |
 | Which witnesses did not contribute
anything to the trial? Were there any witness you ignored? Why?
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 | I know it's difficult to separate
plaintiff's case from defense case when you take cross-examination
into consideration, but just globally, what was missing from the
plaintiff's case (documents, testimony)? |
 | What was missing from the defense case?
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 | What "promises" did each side make in
their opening statements that were left unfulfilled? |
 | What did you hear in the closing
arguments that stuck in your mind? |
 | What happened during deliberations?
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 | (Even if you've already heard about
the process from one juror, ask each juror the question. You get
many different perspectives of the same events). |
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 | How did deliberations get started?
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 | What documents and/or instructions were
brought into the deliberation room and actually referred to?
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 | Who do you remember most from the witness
stand? Who stood |
 | Did anyone use the blackboard to
illustrate their point during deliberations? |
 | What were the ranges of opinion (on
liability; on damages)? |
 | Where did you find yourself along the
continuum? |
 | Who made up the various subgroups that
shared similar opinions during deliberations? |
 | How many votes were taken? Who changed
their votes from poll to poll? |
 | Which jury instructions did the group
refer to most? |
 | What did you think of the instructions?
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 | What did you draw upon from your own life
experiences to help you in making these decisions? |
 | Did any of the events or people in the
trial remind you of experiences or acquaintances in your life?
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 | Did any of the other jurors relate their
personal experiences with similar situations, during the
deliberations? |
 | If you were "the jury," and the whole
case was up to you alone how would the verdict be different?
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 | What are your thoughts about the
plaintiff's attorney? |
 | What could he/she have done to be more
effective? |
 | What are your thoughts about the defense
attorney? |
 | What could he/she have done to be more
effective? |
 | What are your thoughts about the Judge?
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 | Was he/she harder on one side than the
other? |
 | How could the plaintiff's case have been
stronger? What would you have needed to hear or see to persuade you
that they should have prevailed? |
 | How could the defense's case have been
stronger? What would you have needed to hear or see to persuade you
that they should have prevailed? |
 | What were the weaknesses in the
plaintiff's case? |
 | What were the weaknesses in the defense's
case? |
 | What did you like about the plaintiff's
lawyer? Dislike? (including personality, courtroom demeanor, style
of speaking, etc). |
 | What did you like about the defense
lawyer? Dislike? (including personality, courtroom demeanor, style
of speaking, etc.) |
 | Thinking back to jury selection, did
anything happen that stuck in your mind? Any impressions you
remember, or comments by other panelists? |
III. ENDING THE INTERVIEW
Thank juror - express admiration for the job
they did as a juror and their contribution to the system.
Ask them if they have any questions.
Secure permission to call them back if any
questions come up later that were not asked.
Under certain circumstances, the interviewer
may want to secure permission for the attorney to call the juror later
if he/she has other questions.
The attorney who tried the
case should send a thank you letter or call the juror to thank them
after the attorney has read or heard the report. Jurors feel even more
positive about their interviews when they receive an acknowledgment
from the attorney. |
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