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Lawyers recruiting mock juries on the Net
After months of preparation, the lawyers at Sanders, Simpson & Fletcher had their case almost ready for trial. The Springfield, Mo., plaintiffs' firm of 11 lawyers had worked hard to fine-tune the civil case. Their client had the potential of being awarded significant damages. But the allegation, sexual misconduct against a church pastor, was tricky. Would the facts of the case resonate well with jurors? The best way to find out would be with a mock jury trial. But rather than spend several days away from the office working with a live mock jury, the firm decided to take the case online, to a virtual jury. And in just a few days, said attorney Sophie Woodworth, it had responses from more than 50 "jurors." "We wanted to see if we were on the right track with our intended argument," she said. "The feedback supported our positions. The process was quick, and the best part was it required a minimum of effort on our part." … But what about the lack of personal contact? Voice intonations, facial expressions and body language contribute significantly to the deliberation process. "Online feedback can certainly be helpful in an informational sense," said Nancy Marder, a professor at Chicago-Kent College of Law. "But I don't think these are a complete substitute for, or predicative of, what an actual jury might do." Even the courthouse experience itself has an impact on jurors, Marder said. "Just the physical presence in the courthouse, your sense of responsibility as a juror. That can't be replicated online."
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