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Hiring the Best Jury Consultants for Criminal Trials in New York

March 21, 2024 Uncategorized

Hiring the Best Jury Consultants for Criminal Trials in New York

If you or a loved one is facing criminal charges in New York, having an experienced jury consultant on your defense team can make all the difference. Jury consultants, also known as trial consultants, use research, data analysis, and psychology to help attorneys select favorable juries and craft persuasive arguments. While no consultant can guarantee a not guilty verdict, the insights they provide into how juries think, feel, and decide can significantly improve your chances of success at trial.

But not all jury consultants are created equal. Hiring an unqualified or inexperienced consultant could waste your time and money, or even backfire by providing poor advice. So how do you find and hire the best possible jury consultant for a criminal trial in New York?

Understand What Jury Consultants Do

Before starting your search, make sure you understand the key services an effective jury consultant provides. These include:

  • Developing juror questionnaires and conducting in-depth interviews to identify biases
  • Analyzing juror demographics, attitudes, and personalities to predict behavior
  • Advising on optimal juror profiles and trial strategies to address biases
  • Conducting mock trials and focus groups to test arguments
  • Assisting with voir dire (jury selection) to seat favorable jurors
  • Providing visual aids and graphics to explain complex information clearly
  • Preparing witnesses to deliver credible, persuasive testimony

An experienced consultant won’t necessarily provide all these services, but understanding the range of help available will allow you to assess each candidate’s expertise and abilities.

Look for Specialized Experience and Training

Not all consultants have in-depth experience with criminal trials. Look for those who specialize in criminal defense and understand factors unique to criminal juries, such as:

  • The higher burden of proof (beyond a reasonable doubt)
  • Potential biases against defendants
  • Strategies for overcoming anti-defendant attitudes
  • The impact of pretrial publicity on juror impartiality
  • Views on law enforcement, self-defense, and other criminal justice issues

Ideally, the consultant should have several years of experience assisting specifically with criminal trials in New York. It’s also a plus if they have training in sociology, psychology, or statistics to better understand juror behavior.

Ask About Their Track Record

Any quality consultant should be able to provide verifiable details about their experience and success rate. Ask questions like:

  • How many criminal trials have you consulted on in New York?
  • What were the charges and outcomes in those cases?
  • Can you share testimonials or reviews from past clients?
  • What is your win/loss rate over the past 5 years?

Good consultants will have a long list of cases under their belt, along with many positive reviews. A high acquittal or hung jury rate demonstrates their ability to improve trial outcomes.

Gauge Their Knowledge of the Local Legal System

The ideal jury consultant will have extensive knowledge of New York courts, judges, prosecutors, juries, and criminal law. Look for the following:

  • Experience with jury pools and demographics in your exact jurisdiction
  • Familiarity with your judge and their courtroom tendencies
  • Knowledge of local prosecutorial techniques and strategies
  • Understanding of New York criminal code and sentencing guidelines

This insider understanding enables consultants to offer hyper-specific advice tailored to the unique dynamics at play in your courtroom.

Assess How They Communicate

Communication skills are key. The consultant should be able to explain complex jury research in an easy-to-grasp manner. Look for someone who:

  • Listens closely to understand needs and objectives
  • Answers questions clearly without overcomplicating concepts
  • Translates data and research into actionable insights
  • Communicates respectfully and professionally with legal team members

Ask them to describe a past case or explain a trial strategy. Their communication skills will become quickly apparent.

Consider Your Budget

Experienced criminal jury consultants often charge $200-$500 per hour, with some charging over $1,000 per hour. However, many will work on a flat fee or retainer basis. Get fee estimates upfront so you can find someone within your budget.

Also ask if they offer payment plans or options to manage costs. Never sacrifice quality solely to save money, but a good consultant will try to accommodate your financial constraints.

Check References Thoroughly

Speaking with past clients is the best way to gauge a consultant’s abilities. Ask for 5-10 references you can contact. Look for the following positive feedback:

  • They took time to understand my specific case details
  • Their advice led directly to favorable jurors being seated
  • Mock trials/focus groups they ran mirrored actual trial dynamics
  • They taught me how to better connect with the jury
  • They were accessible and responsive throughout the trial process

Negative reviews related to unprofessionalism, poor advice, lack of preparation or availability may be red flags about working with that particular consultant.

Confirm Alignment with Defense Strategy

The jury consultant should work collaboratively with the defense team while providing independent guidance. Ensure you share the following philosophies and values:

  • Commitment to rigorously defending the accused
  • Focus on highlighting reasonable doubt
  • Respect for due process and impartial juries
  • Belief in the presumption of innocence
  • Dedication to ethical and lawful strategies only

Misaligned incentives or priorities could undermine the consultant’s usefulness and objectivity.

Trust Your Instincts

Consider your gut reaction after speaking with potential consultants. The intangibles matter too. Look for someone who:

  • Makes you feel heard and understood
  • Responds compassionately and non-judgmentally
  • Answers questions patiently and thoroughly
  • Explains concepts clearly without condescending
  • Seems genuinely invested in your case and motivated to help

You’ll work closely under high-stakes conditions, so mutual trust and respect are crucial.

Start the Search Early

Begin consulting jury experts 6-12 months before trial if possible. This allows time to:

  • Thoroughly vet multiple candidates
  • Conduct in-depth juror research on local populations
  • Run focus groups to test theories and arguments
  • Develop visual tools to simplify complex information
  • Establish trusting relationships between consultant and legal team

Last minute hires often fail to provide maximum value.

Be Realistic

The best consultants can massively improve your odds, but guarantees are impossible. Temper expectations by remembering:

  • No one can predict juries with 100% accuracy
  • Factual evidence remains paramount
  • The prosecution still has to prove their case beyond reasonable doubt

An effective consultant simply maximizes the odds of success using social science and data analysis.

Conclusion

Hiring the right jury consultant requires research, due diligence, and often multiple consultations. Their insights and guidance can make or break a criminal trial. Take time finding the ideal expert for your case, and the investment will likely pay dividends further down the road. With an experienced consultant adept at deciphering and advising juries, you will be well-positioned for the greatest chance of a favorable verdict.

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Todd Spodek

Founding Partner

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RALPH P. FRANCHO, JR

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JEREMY FEIGENBAUM

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

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