1. Chapter 12 Trial Consultation Talbot Kellogg Community College
Criminal Psychology
Chapter 12
Trial Consultation
Talbot
Kellogg Community College

2. Trial Consultation
Assists attorneys in preparing for the trial, evaluating the effectiveness of the presentation, and formulating procedures for the selection of the jury.
Forensic Psychologists?
American Society of Trial Consultants (ASTC)
No certification or licensure requirement
Backgrounds such as psychology, communications, sociology, and political science.
Criminal v. Civil cases?
Ethical Issues.

3. Pretrial Activities
Focus Groups – Group studies of the general population or specific groups of interest in order to determine any beliefs, feelings or biases held by that group.
Witness preparation.
Testimony Inconsistencies
Role Plays
Powerless Speech
Ethical issues?
Jury Composition issues.
Peremptory Challenges
Pretrial Publicity issues
Change of Venue – i.e. Rodney King
Sequestered Voir Dire

4. Presenting the Case Developing the “story of the case” - narrative
Narrative coherence – Is it consistent? Does it have internal logic?
Narrative fidelity – “the logic of good reasons”. Are these facts or values?
Timing of the Defense opening statement.
2 options – now or later?
Making concessions
Sponsorship Theory – Make them say it.
Inoculation Theory – Stealing Thunder

5. Evidence Presentation
Serial Position Effect
Recency Effect
Primacy Effect

7. Closing Arguments First or Last?
Expository Approach – Why is our evidence better than your evidence?

8. Jury Selection Systematic Jury Selection v. Seat of the pants.
Kernel-of-truth hypothesis
Two primary approaches.
Broad Attitudes and Traits
Juror biases
Pro-plaintiff v. Pro-defendant (or at least anti-plaintiff)
Litigation Explosion, Deep pockets syndrome
Case-Specific Approaches
O.J. Simpson Juror questionnaire. P.302

10. Other Juror Biases The defendant’s characteristics
Physical attractiveness
Similarity to the jurors
The judge’s instructions
Disregard the last comment…
Beyond reasonable doubt.