Watching the Jury

I went to a conference this past week in San Francisco that culminated with a mock jury trial exercise. A group of jurors (chosen based on the demographics of the place where the case at issue would have been tried) listened to abbreviated openings/closings, including video reenactments and other exhibits. Then we watched on closed-circuit TV while the jurors -- unaware of their audience -- deliberated and came to a verdict based on the statements.

I've watched such exercises before. It's always sobering to watch how jurors will focus on the facts and considerations important to them -- regardless of whether those facts were actually present in the evidence submitted to them.