Article by JRI Consultants

Services
Articles
Clients
Company Info

 

Jury Research InstituteLearning 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.

bullet 
bullet 
bullet 
bullet

(Preferably, the interviewer should be someone other than the attorney who conducted the trial in order to avoid introducing bias into interviews. Ideally, he or she would be someone who was not too closely tied to the case and will be relatively objective. The interviewer should avoid telling the juror on whose behalf the discussion is being undertaken until after the interview is completed. Most jurors will agree to the interview, if they are assured that they will be told at the end of the meeting who requested it. If necessary, the interviewer can explain to the juror why he or she prefers to discuss this after the meeting by stating, "I want you to feel free to give your opinions on a number of topics. It is usually most helpful if we wait until the end of the interview to talk about who will be getting the feedback." In practice, this is not a very big issue. Most jurors are satisfied with the explanation of the importance of their remaining naive.)

D. Choice of Interviewees

bullet 
bullet 
bullet 
bullet

(First choice: the "persuaders" - the three or four most verbal peopleon the panel. The most information and the most useful information is often obtained from these interviews. These people are also usually most willing to voice their opinions. Next, seek out "participants," - those who were undoubtedly talkative during deliberations, but probably weren't the leaders or coalition builders. Don't waste time contacting "non-participants.")

E. Timing

bullet 
bullet 
bullet 
bullet

(Immediately after trial, have interviewer on hand to meet juror sand ask for phone numbers in person. This brief introduction facilitates future contact and saves hours of tracking down jurors' phone numbers later. Initiate contact about a week after the trial. This gives jurors time to unwind, but not enough time to exhaust their desire to talk about the trial. Most welcome an opportunity to have someone's undivided attention as they re-count their experience on jury duty.)

F. Where

bullet 
bullet 
bullet 
bullet

(Telephone interviews are certainly the most efficient, but much more can be gained from face-to-face interviews. Jurors will almost always permit recording of the interview, which is very important. Transcripts of the interviews are the most valuable source of information for the trial attorney, rather than summaries prepared by an interviewer.)

G. Payment

bullet 
bullet 
bullet 
bullet

(Very rarely is it necessary to offer payment. If it seems necessary with a particular juror who is important to interview, suggest twenty-five dollars as `payment for their time,' or as money `to take their spouse to lunch to make up for their taking time away from home to attend the interview.' Generally payment is not needed or advisable.)

II. THE INTERVIEW

bullet 
bullet

(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.)

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.)

 

bulletOverall, what did you think of the trial?

 

bulletWhat events or facts stand out most in your mind?
bulletWhat left the greatest impression on you? (witness, document, behavior of counsel)
bulletWas there a "turning point" in the trial for you? What was it?
bulletWas anything missing? What was left out of the trial that you were waiting to hear?
bulletWhat did you assume about the missing information (witnesses, documents)?
bullet 
bullet(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:)

 

bulletWhat were your reactions to ....?
bulletHow did you feel about ....(the testimony of x, the photographs, etc.)?
bulletWhat did you think of ....?
bulletWhich exhibits stand out in your mind? Which ones do you remember?
bulletWho do you remember most from the witness stand? Who stood out in your mind? Why?
bulletWho else?

(For each significant witness)

bulletWhat were your impressions of (Mr. Smith)? (witnesses)
bullet 
bullet(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.)

 

bulletHow would you describe him/her in terms of his/her credibility?
bulletHow well did they (the witness) communicate?
bulletWhat did they leave out of their testimony that you wanted to hear about? What did you surmise about the testimony that was left out?

 

bulletWhich witnesses did not contribute anything to the trial? Were there any witness you ignored? Why?

 

bulletI 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)?

 

bulletWhat was missing from the defense case?

 

bulletWhat "promises" did each side make in their opening statements that were left unfulfilled?

 

bulletWhat did you hear in the closing arguments that stuck in your mind?

 

bulletWhat happened during deliberations?
bullet 
bullet(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).

 

bulletHow did deliberations get started?
bulletWhat documents and/or instructions were brought into the deliberation room and actually referred to?
bulletWho do you remember most from the witness stand? Who stood
bulletDid anyone use the blackboard to illustrate their point during deliberations?
bulletWhat were the ranges of opinion (on liability; on damages)?
bulletWhere did you find yourself along the continuum?
bulletWho made up the various subgroups that shared similar opinions during deliberations?
bulletHow many votes were taken? Who changed their votes from poll to poll?
bulletWhich jury instructions did the group refer to most?
bulletWhat did you think of the instructions?
bulletWhat did you draw upon from your own life experiences to help you in making these decisions?
bulletDid any of the events or people in the trial remind you of experiences or acquaintances in your life?
bulletDid any of the other jurors relate their personal experiences with similar situations, during the deliberations?
bulletIf you were "the jury," and the whole case was up to you alone how would the verdict be different?
bulletWhat are your thoughts about the plaintiff's attorney?
bulletWhat could he/she have done to be more effective?
bulletWhat are your thoughts about the defense attorney?
bulletWhat could he/she have done to be more effective?
bulletWhat are your thoughts about the Judge?
bulletWas he/she harder on one side than the other?
bulletHow 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?
bulletHow 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?
bulletWhat were the weaknesses in the plaintiff's case?
bulletWhat were the weaknesses in the defense's case?
bulletWhat did you like about the plaintiff's lawyer? Dislike? (including personality, courtroom demeanor, style of speaking, etc).
bulletWhat did you like about the defense lawyer? Dislike? (including personality, courtroom demeanor, style of speaking, etc.)
bulletThinking 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.

    

Back Up Next


Bookmark This Page

  Jury Research Institute © 2005 | All Rights Reserved | Home  | Services  | Contact  | Top of Page