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Carroll v Trump--the mock jury? [1]

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Date: 2023-04-26  

No more pictures of Trump--Lower Antelope Canyon, Paige, AZ--my photo

Today I read that the judge in Carroll v Trump stated that the results of plaintiff’s (Carroll’s) mock jury had been leaked in social media. I searched for what had actually been disclosed, but I am incompetent at that. So, all I have to go on is the judge’s comment that Carroll’s side leaked the results of their mock jury.

What can we glean from that?

In all significant litigation, the lawyers present their cases to mock juries. Mock juries are panels of citizens who are chosen to be similar to the pool of jurors in the real trial. In every major city there are businesses who organize these events for trial lawyers.

Why do they do this? Because experience has shown that the insights derived from mock juries can be invaluable.

What happens in a mock jury? There are no rules. But, to make them the most valuable to the lawyers who are paying for them, both sides of the case are presented to the panel as fully and forcibly as possible. If the credibility of a particular witness is questionable, a direct and cross examination of that witness can be presented. If there are multiple items of damages, the significance of each of them can be assessed and prioritized. In fact, any aspect of a parties’ case can be tested to see the reaction of ordinary citizens.

In large cases multiple mock juries can be used to refine every aspect of the case.

Th existence of mock juries in any case and the results produced by them are non-discoverable by the opposing party. They are completely protected from disclosure by the attorney client privilege.

So, what can we surmise from the very limited information the judge disclosed?

Ms. Carroll’s attorneys conducted one or more mock juries.

The result of the mock jury/juries was very favorable to Ms. Carroll. If it was not favorable to Ms. Carroll, it would never have been disclosed.

We can only hope that the real jury will be so wise.

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[1] Url: https://www.dailykos.com/stories/2023/4/26/2166142/-Carroll-v-Trump-the-mock-jury

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