|
< Prev
Post Trial Juror Interview (cont'd)
Purpose.
Post-trial interviews are used to gain insight into the reasons why an actual jury reached its verdict. Interview findings provide an indicator of the strengths and weaknesses of a particular case strategy. Information gleaned can be used to develop future trial strategies and aid discovery and trial practice in subsequent litigation. Although not a purpose of post-trial interview research, from time to time juror misconduct is detected.
Timing and Administration.
Post-trial juror interviews should be done as soon as possible after the completion of the trial, while the case facts and deliberation process is still fresh in jurors' minds. Some courts prohibit or restrict post-trial juror interviews. Care must be taken to ensure all local and state rules are followed, and juror's rights are respected at all times.
Research Design.
An experienced interviewer uses a systematic protocol of open-ended questions designed to elicit information about the process and content of the jury deliberations as experienced by each juror. Both general and case-specific items are covered. Jurors are interviewed individually either by telephone or in-person.
Work Product.
Counsel is provided with a report summarizing the findings, and the nature of the contact of each juror (interviewed, refused, unable to contact, etc.). Verbatim transcripts of each juror's responses to the debriefing questions may be provided at additional cost, if requested.
The Role of Counsel.
Counsel provides case-relevant information, a list of witnesses, case events of concern and the names and telephone numbers of the jurors to be contacted for interview. This requires a decision to be made prior to the conclusion of the trial so that accurate information can be obtained. Counsel also works closely with Tsongas to assure coverage of key issues in the juror interview protocol.
< Prev
|
RSS