WILLIAM PATERSON UNIVERSITY PROFESSOR EXPLORES JURY CONSULTING IN NEW BOOK
-- Author contends jury system needs revision to reduce impact of consultants

The new – and largely hidden – jury consulting industry, and its implications for the American justice system, are explored in depth in "Stack and Sway: The New Science of Jury Consulting," a new book by Dr. Neil Kressel, a William Paterson University professor of psychology.

In the book, published by Westview Press, Kressel provides a detailed examination of the industry through case studies focusing on a series of prominent criminal and civil cases, including the O.J. Simpson criminal and civil trials, the Louise Woodward "nanny" case in Boston, and the trial of the police officers accused of killing Amadou Diallo in New York City. It also explains the birth and growth of the industry, and the many tactics trial consultants employ, ranging from surveys and focus groups to trial simulations and case preparation and analysis.

"The American justice system is one of the wonders of the modern world," says Kressel, who co-authored the book with his wife, Dorit J. Kressel, an attorney. "Careful procedures, rules of evidence, and Constitutional guarantees have all been designed to minimize the likelihood of unjust outcomes. Yet, the effectiveness of many of these legal protections rests rather weightily on the shoulders of everyday citizens selected for jury duty – and the trial consulting industry potentially endangers the integrity of the system."

For fees that sometimes approach six, or even seven, figures, these jury experts use social science methods to increase the probability that people who favor their paying clients will end up hearing a case. They also try to sway these jurors once they have been seated. "They craft case strategies, help to prepare witnesses, and test and retest arguments – all before a single word is uttered in open court," Kressel explains.

Do these various techniques really work? "In the early days of the industry, some critics feared they would give lawyers the ability to stack juries and buy verdicts," Kressel says. "It now appears, based on research that we draw on in our book, that most of the time, a consultant cannot turn a losing case into a winning case by stacking a jury. On the other hand, trial consultants can play a major role by helping lawyers shape their cases and mold their strategies."

One thing is clear: the profession is growing steadily and seems destined to continue. In that light, the Kressels offer a number of suggestions for improving the jury system and reducing the threat jury consultants pose to American justice: eliminating peremptory challenges, expanding the grounds for striking a juror for cause, and eliminating unanimous verdicts.

The result of these changes, Kressel concludes, would be an increase in the fairness and logic of jury procedures – and toll funeral bells for most of what jury consultants do. "We believe our proposals will go a long way toward eradicating bias and injustice while enhancing the integrity of the jury system."
Kressel has written frequently on psychology and public policy issues. His most recent book, "Mass Hate: The Global Rise of Genocide and Terror," was selected by Choice magazine as an outstanding book of 1996. He has been interviewed on MSNBC-TV, Fox News, The History Channel, National Public Radio, Voice of America, and numerous other radio and television programs, and has contributed articles to the Boston Globe, Boston Herald and the New York Daily News.

A member of the William Paterson faculty since 1984, Kressel holds a doctorate in social psychology from Harvard University. He has taught at Harvard, New York University and Steven's Institute of Technology. He and his wife, an attorney with the firm of Wolff & Samson, PA of Roseland, live in Wayne.

3/7/02
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