Presentation and Evaluation
There are two ways to present the case. One is live, in person; the other is via a 20-30 minute videotape which presents the key information to be evaluated. Participants can be probed for various elements that led to their decisions, e.g. evidence, exhibits, what and how your client or a witness gave testimony.
Specific words and terms can also be evaluated to determine which ones are best to use with jurors.
It is possible to test and change arguments and ways in which they are presented by both sides of a case (prosecution and defense). Two different attorneys should be used to see whether their quality of presentation or personal characteristics might influence a jury.
Besides a verdict, a mock jury can help gauge the most likely level of liability, and damages that would be awarded.
One might also learn that certain juror demographics are correlated with favorable or unfavorable attitudes toward the client or the attorney.
Since jurors discuss cases behind closed doors, attorneys and their clients have no other way to learn about perceptions unless they conduct mock juries.
Attorneys can observe the process (e.g. deliberations) by which jurors reach their decisions. There is value in having the attorney present (in the back room) to be able to make on the fly comments or submit questions for the mock jury to react to. Videotaping and transcripts of the mock trial can be used later by non-attending counsel.
Benefits of Mock Juries
Results of mock juries are not perfect predictors, but they can give a sense of the direction of the verdict…for or against you.