The Twelfth Juror: Lessons on Jury Selection from a Trial Lawyer’s Novel and a Trial Consultant’s Experience

The Twelfth Juror: Lessons on Jury Selection from a Trial Lawyer’s Novel and a Trial Consultant’s Experience explores the assumptions, heuristics, and inherent uncertainty that shape jury selection. Drawing on Wedlock, an unpublished novel by veteran trial lawyer Harold M. Willcox, Jr., the program examines a fictional criminal trial in which experienced attorneys make rapid judgments about prospective jurors based on appearance, occupation, neighborhood, marital status, presumed religion, and other demographic characteristics. The story culminates with the juror both sides viewed as the most predictable vote for conviction becoming the lone juror who refuses to affirm the verdict, demonstrating how an individual’s private experiences and attitudes can defy even seemingly confident demographic assessments.
 
Using the novel as a framework, this CLE connects courtroom experience with subsequent empirical research showing that demographic characteristics are weak and unreliable predictors of individual juror decisions and that attitudes and personal experiences generally provide more meaningful insight. Participants will consider how these lessons apply to modern jury selection, including voir dire, trial consultants, social-media research, mock and shadow juries, and algorithmic juror analytics. The program emphasizes treating demographic information as a starting point for inquiry rather than an answer, probing jurors’ attitudes and experiences, questioning seemingly obvious conclusions, recognizing the central importance of the evidence and its presentation, and approaching every juror profile with appropriate humility.
 
Learning Objectives
 
Upon completion of this program, participants will be able to:

• Identify the limitations of relying on demographic, occupational, and other readily observable characteristics to predict juror behavior.
• Evaluate how assumptions and heuristics can influence decisions to keep or strike prospective jurors during jury selection.
• Develop voir dire questions that focus more effectively on jurors’ attitudes, personal experiences, views of the legal system, personal responsibility, and case-specific issues.
• Assess empirical research concerning the relative predictive value of demographic information, personality characteristics, and juror attitudes.
• Recognize the danger of excessive confidence or consensus when lawyers and consultants believe a particular juror is certain to vote in a particular direction.
• Apply a more evidence-focused and individualized approach to jury selection that treats demographic profiles as investigative starting points rather than definitive conclusions.

 
Presenter Bios
 
With 30 years of broad-ranging experience as an antitrust litigator and trusted advisor, Thomas Willcox offers clients the expertise and sophistication of a big law firm with the responsiveness and flexibility of a boutique.
 
Thomas is dedicated to providing practical advice backed by thoughtful analysis of complex legal issues and real-world experience. He works with a wide range of clients, from investors seeking predictions on the advice of agency investigations, smaller U.S.-based businesses, to individual business owners. His diverse industry experience includes software, packaged foods, agricultural products, specialty pet foods, chemicals, home appliances, medical devices, industrial equipment, designer fashion and accessories, , and nutritional supplements.
 
Thomas has recently taught two Continuing Legal Education Courses, one a survey of the antitrust law that lead up to the recent wave of litigation on Big Tech, and the second a summary of joint venture law that uses as an example a series of joint ventures on Wall Street that collectively agree to force their clients to keep private underwriting fees secret.
 
Faye Honig is Managing Director, Jury Research at DRC. Faye performs qualitative and quantitative data analyses, prepares and facilitates focus groups, develops juror questionnaires, and leads jury selections. Faye is also a Past President and Board Member of the American Society of Trial Consultants (ASTC). Faye has a B.A. in Psychology & Law and Society from American University and an M.A. in Forensic Psychology from George Washington University, where she specialized in cognitive biases and their impact on jury trials.

This live webinar is eligible for both CLE and CPE credit.
 
NOTE: CPE/CLE credit for attendees are subject to participation and approval by the governing boards.
 
NASBA CPE ACCREDITATION INFORMATION
Learning Level: Intermediate
Prerequisites: None
Field of Study: Specialized Knowledge
Delivery Method: Group Program
 
CeriFi LegalEdge is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.nasbaregistry.org.