Criminal Psychology
Chapter 12
Trial Consultation
Talbot
Kellogg Community College
Trial Consultation
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Assists attorneys in preparing for the trial,
evaluating the effectiveness of the presentation,
and formulating procedures for the selection of the
jury.
Forensic Psychologists?
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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.
Pretrial Activities
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Focus Groups – Group studies of the general population
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Witness preparation.
or specific groups of interest in order to determine any
beliefs, feelings or biases held by that group.
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Jury Composition issues.
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Testimony Inconsistencies
Role Plays
Powerless Speech
Ethical issues?
Peremptory Challenges
Pretrial Publicity issues
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Change of Venue – i.e. Rodney King
Sequestered Voir Dire
Presenting the Case
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Developing the “story of the case” narrative
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Timing of the Defense opening statement.
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Narrative coherence – Is it consistent? Does it
have internal logic?
Narrative fidelity – “the logic of good reasons”.
Are these facts or values?
2 options – now or later?
Making concessions
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Sponsorship Theory – Make them say it.
Inoculation Theory – Stealing Thunder
Evidence Presentation
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Serial Position Effect
Recency Effect
Primacy Effect
Closing Arguments
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First or Last?
Expository Approach – Why is our evidence better than
your evidence?
Jury Selection
Systematic Jury Selection v. Seat of the pants.
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Kernel-of-truth hypothesis
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1.
Two primary approaches.
Broad Attitudes and Traits
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2.
Juror biases
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Pro-plaintiff v. Pro-defendant (or at least anti-plaintiff)
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Litigation Explosion, Deep pockets syndrome
Case-Specific Approaches
1.
O.J. Simpson Juror questionnaire. P.302
Other Juror Biases
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The defendant’s characteristics
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Physical attractiveness
Similarity to the jurors
The judge’s instructions
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Disregard the last comment…
Beyond reasonable doubt.