Historically, juries have played a significant role in the determination of issues that could not be managed via 'general social interactions' or ones which required punitive measures, retribution and/or compensation.
The role of jurors and juries however, has changed over the centuries and have generally been moulded by social and cultural forces embedded in the wider communities in which they have evolved.
[1] As a result of their jury experience many in Australia and New Zealand have reported feeling stressed, anxious, frustrated, overwhelmed and a variety of other emotions, cognitions and behaviours which to varying degrees surprised them.
The terms of reference, for example, for jury research performed on behalf of a trial lawyer seeking a beneficial outcome for his or her client,[11] will most probably differ from those of a psychologist investigating the influence of say gender, demographic and personality variables on trial outcomes,[6] which again will most probably differ from an examination by concerned members of the Judiciary about the ability of jurors to understand the legal argument, complex forensic evidence and instructions by the legal representatives in the courtroom.
[5][12] Similarly methodology will differ depending on terms of reference, level of peer review, experience and ability of researchers and attitudes of funding organisations.
Jury consultants use market research techniques in an attempt to bolster the client's chances of a positive outcome by 'gaining an understanding of the current and environment/location specific trends that might impact the attitudes of jurors.
Their job is to shape trial team strategy so as to moderate or take advantage of jurors' preexisting beliefs and experiences by way of how the evidence is presented.
Surrogate or mock jurors are selected carefully so that they are statistically representative of the 'general population in the particular region' and they are presented relevant information, visual exhibits, witness statements, legal cases, timelines etc.
However, this type of investigation makes up a relatively small proportion of Jury Research, the balance of which is generally conducted by psychologists, criminologists and other interested social scientists.