Stack And Sway: The New Science Of Jury Consulting [Hardcover]

Neil J. Kressel (Author), Dorit F. Kressel (Author)

Book Description

Publication Date: September 21, 2001

A new - and largely hidden - profession has emerged during the past three decades. Drawing on the techniques of modern social science, psychology, and market research, its practitioners seek to remake the way we pursue justice in the United States. Trial consultants help lawyers to pick – some would say, stack – juries predisposed to render the “right” verdict. And consultants apply sophisticated research methods to predict how jurors are likely to respond to arguments, witnesses, and evidence. Based on the results of the research, they craft case strategies, help to prepare witnesses, and test and retest arguments – all before a single word is uttered in open court. For fees that sometimes approach six, or even seven, figures, the new jury experts offer attorneys and their clients what they most desire – a way to remove uncertainty.What are we to make of this new industry? Do the techniques work? Is this, as some critics have argued, a new form of high-tech jury-rigging, not much more acceptable than cruder forms of jury tampering? Or do the methods of jury consultants amount to little more than an extension of what attorneys have always done? One thing is clear. The profession is growing steadily. Jury consultants have already made their mark in big-money civil cases. And they have played key roles in prominent criminal trials. After hearing jurors acquit in the O. J. Simpson case, the first person thanked by defense attorney Johnnie Cochran was his jury expert. The burgeoning of the trial consulting industry seems destined to continue. During the past few years, firms have started to offer low-cost consultations, sometimes conducting research for as little as $2000 per case. For better or worse, the wares of the trial consultant are now within the reach of many who previously deemed them too expensive. When a new trade roams the halls of our legal system, aspiring to change America’s road to justice, we had all best pay attention. This book will reveal the “tricks of the trade” and explore the many ways in which trial consultants have infiltrated the courtroom. The authors -- a social psychologist and an attorney -- present cases where consultants arguably have been responsible for huge jury awards and controversial criminal verdicts. However, it is not their purpose to launch an all-out attack on this growing industry. Instead, they aim to pull back the curtains, allowing a fair and balanced assessment of a new phenomenon in American justice.To achieve this objective, the authors must address issues that lie at the very heart of the American jury system. Are juries fickle? Are they easily swayed? Are jurors influenced – as many have charged – by their age, gender, race, ethnicity, occupation, intellect, personality, or politics? Here, the authors sort through the work of many jury researchers, arriving at conclusions that are balanced and credible. They conclude with sensible and far-reaching proposals for change.

Editorial Reviews

Amazon.com Review

The authors take a critical look at the science of jury consultants in Stack and Sway. Using the techniques of modern social science, psychology, and market research, jury consultants apply sophisticated research methods to figure out the best strategies for picking and swaying a jury. This book examines whether the industry is effective and it reveals the tricks of the trade. --David Marshall Nissman, J.D.

From Library Journal

Neil Kressel (psychology, William Patterson Univ. of New Jersey) and attorney Dorit Kressel provide a well-researched, lucid, and fascinating look at the business of jury consulting. They demonstrate that, contrary to popular belief, there is no proof that the use of jury consulting works to pick the ideal jury. However, consultants can buy time for the defense in criminal cases and permit a litigant to present a version of the truth that has jury appeal. The authors conclude that peremptory (no cause) strikes of jurors should be abolished but that challenges of jurors for stated cause should be expanded and non-unanimous verdicts allowed in criminal cases. They would prefer that scientific jury consultants did not exist but are realistic about their continued use. This book benefits greatly from the authors' interviews with leading consultants, judges, and attorneys and also details the use of jury consultants in high-profile trials, including the Louise Woodward "British au pair trial" in Boston in 1998. Rather than scorn the jury system, as William Pizzi does in Trials Without Truth (LJ 1/15/99), they uphold the system while suggesting improvements. Recommended for general collections. Harry Charles, Attorney at Law, St. Louis
Copyright 2001 Reed Business Information, Inc.

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Product Details

• Hardcover: 312 pages
• Publisher: Basic Books (September 21, 2001)
• Language: English
• ISBN-10: 0813397723
• ISBN-13: 978-0813397726
• Product Dimensions: 8.9 x 6.1 x 0.9 inches
• Shipping Weight: 8.8 ounces
• Average Customer Review: 2.9 out of 5 stars  See all reviews (7 customer reviews)
• Amazon Best Sellers Rank: #1,351,045 in Books (See Top 100 in Books)
  • #50 in Books > Law > Procedures & Litigation > Jury

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Customer Reviews

Most Helpful Customer Reviews

3 of 3 people found the following review helpful:

2.0 out of 5 stars New science not so new, September 26, 2005

By 

Michael C. Mcdaniel (Lansing, MI) - See all my reviews
(REAL NAME)   

This review is from: Stack And Sway: The New Science Of Jury Consulting (Paperback)

This book, although copywrited in 2002, is already outdated. Regrettably, it also spends an inordinate number of pages touting commercial jury consulting firms, rather than providing theory, application or even advice on jury selection.

5 of 7 people found the following review helpful:

2.0 out of 5 stars Social Scientists Cannot Know What Trial Lawyers/Judges Do, November 28, 2002

By A Customer

This review is from: Stack And Sway: The New Science Of Jury Consulting (Hardcover)

Although well crafted, these non-practitioner social scientists have missed the boat when they accuse jury consulting of taking part in "jury rigging". Having sat as a felony Judge and jury trial lawyer for 25 years, I have personally seen how detecting unconscious or concealed biases SERVE justice, not hurt it.
"A" for effort, "D" for conclusion.

5 of 8 people found the following review helpful:

5.0 out of 5 stars A well-researched guide to a controversial industry, December 5, 2002

By A Customer

This review is from: Stack And Sway: The New Science Of Jury Consulting (Hardcover)

This book wasn't written by a consultant and it isn't a cookbook on how to do jury consulting. But it is a pretty fair guide to what jury consultants and the lawyers who use them are up to. The authors claim to expose some myths about juries, consultants and lawyers. They may not convince everyone -- and they will probably anger some consultants -- but they have done their homework. The book is loaded with evidence, some of it from social scientists, some of it based on interviews with lawyers and consultants. After reading the book, however, I'm still sure whether trial consultants are a threat to our justice system or not. But I am glad I read it.