1. USING PSYCHOLOGICAL TECHNIQUES TO PREDICT JUROR FAVORABILITY Jaine E. Fraser, Ph.D. to the Louisiana Trial Lawyers Association Last Chance Seminar December 2004

2. 2 MYERS-BRIGGS PERSONALITY TYPES OBJECTIVESUBJECTIVE Where We Draw Our Energy EXTROVERSION (E) – 75% INTROVERSION (I) – 25% How We Gather Data SENSING (S) – 75% INTUITING (N) – 25% How We Make Decisions THINKING (T) – 2/3 of males FEELING (F) – 2/3 of females How We Live Our Lives JUDGING (J) PERCEIVING (P)

3. 3 CHARACTERISTICS OF VARIOUS TYPES EXTROVERSION (E) “People” People “People” People External Talkers External Talkers INTROVERSION (I) Quiet/Reflective Quiet/Reflective Internal Listeners Internal Listeners SENSING (S) Here & Now Here & Now Details Details Concrete/Practical Concrete/Practical INTUITING (N) Meaning & Possibilities Meaning & Possibilities Big Picture Big Picture Abstract/Theoretical Abstract/Theoretical THINKING (T) Decide By Logic Decide By Logic Tough Minded Tough Minded Questioning/Analytical Questioning/Analytical FEELING (F) Decide By Values Decide By Values Warm Hearted Warm Hearted Compassionate/Empathic Compassionate/Empathic JUDGING (J) Deciders Deciders Organized/Structured Organized/Structured Dogmatic Dogmatic PERCEIVING (P) Keep Options Open Keep Options Open Flexible/Spontaneous Flexible/Spontaneous Adaptable Adaptable

4. 4 BEHAVIORAL CUES (OR, HOW TO SPOT ONE DURING VOIR DIRE) EXTROVERSION (E) – Talk It Out Think Out Loud Think Out Loud More Words More Words Use Body Gestures Use Body Gestures INTROVERSION (I) – Think It Through Reflects Silently Reflects Silently Less Words Less Words Fewer Body Gestures Fewer Body Gestures SENSING (S) - Specifics Asks “What” And “How” Asks “What” And “How” Precise Descriptions/Literal Precise Descriptions/Literal Practical Applications Practical Applications INTUITING (N) – The Big Picture Asks “Why” Asks “Why” General Descriptions/Figurative General Descriptions/Figurative Possibilities Possibilities THINKING (T) – Logical Implications Focus On Objective Evidence Focus On Objective Evidence More Direct/To The Point More Direct/To The Point Say “I Think …” Say “I Think …” FEELING (F) – Impact on People Focus On Values/Emotions Focus On Values/Emotions Less Direct/More Verbose Less Direct/More Verbose Say “I Feel …” Say “I Feel …” JUDGING (J) – Joy of Closure On Time/Early For Court Or From Breaks On Time/Early For Court Or From Breaks Uses “…ed” Words (Looked, Compared) Uses “…ed” Words (Looked, Compared) Dress = Neat, Formal Dress = Neat, Formal PERCEIVING (P) – Joy of Processing May Be Late For Court Or From Breaks May Be Late For Court Or From Breaks Uses “…ing” Words (Looking, Comparing) Uses “…ing” Words (Looking, Comparing) Dress = Casual, Informal Dress = Casual, Informal

5. 5 JUROR PREFERENCES & STYLES ST (39%) SF (37%) NF (12%) NT (12%) Focus Specifics Specifics Logical Implications Logical Implications Specifics Specifics Impacts On People Impacts On People Concepts/ Big Picture Concepts/ Big Picture Impacts On People Impacts On People Concepts/ Big Picture Concepts/ Big Picture Logical Options Logical Options Values Responsibility Responsibility Practicality Practicality Loyalty/Warmth Loyalty/Warmth Sympathy Sympathy Making A Difference Making A Difference Harmony Harmony Warm Heartedness Warm Heartedness Theory And Insight Theory And Insight Competence Competence Firm Mindedness Firm Mindedness Careers Bankers/CPAs Bankers/CPAs Administration Administration Law Enforcement Law Enforcement Health Care Health Care Community Service Community Service Clerical Clerical Sales Sales Social Work/ Clergy Social Work/ Clergy Art & Music Art & Music Teaching Teaching Science/ Research Science/ Research Executive/CEO Executive/CEO Law Law

6. 6 PERSONALITY TYPES FOR SPECIFIC CASES In general … EXTROVERSION (E) Take More Risks Take More Risks Take The Initiative Take The Initiative INTROVERSION (I) More Cautious More Cautious Take The Initiative When Issue/Situation Is Very Important To Them Take The Initiative When Issue/Situation Is Very Important To Them SENSING (S) Black & White Black & White Literal Literal Trust Facts Trust Facts INTUITING (N) Sees Other Sides Sees Other Sides Theoretical Theoretical Trust Instincts (Gut) Trust Instincts (Gut) THINKING (T) Convinced By Logic/Reason Convinced By Logic/Reason Fair – Want Everyone Treated Equally Fair – Want Everyone Treated Equally FEELING (F) Convinced By Values/Emotion Convinced By Values/Emotion Fair – Want Everyone Treated As An Individual Fair – Want Everyone Treated As An Individual JUDGING (J) Decide Quickly Decide Quickly PERCEIVING (P) Slower To Commit Slower To Commit

7. 7 LIKELY ROLES IN DELIBERATIONS LEADERS: T’s – especially ST’s, TJ’s, Males LEADERS: T’s – especially ST’s, TJ’s, Males FOLLOWERS: F’s – especially FP’s, Females FOLLOWERS: F’s – especially FP’s, Females SYMPATHETIC: F’s – especially NF’s SYMPATHETIC: F’s – especially NF’s PRESIDING JUROR: SJ’s & TJ’s – especially ESTJ Males PRESIDING JUROR: SJ’s & TJ’s – especially ESTJ Males

8. 8 “MAYBE THE ART OF JURY SELECTION IS AVOIDING THE STRONG JUROR WHO WILL OPPOSE YOU.” - Attributed to someone smarter than I

9. 9 CONTACT INFORMATION Jaine E. Fraser, Ph.D. Trial Psychology Institute 6324 Waggoner Drive Dallas, TX 75230 (214) 373-3030 www.trialshrink.com