Science of Advocacy

• NCJ Number: 95219
• Author(s): S Penrod; D Linz; L Heuer; D Coates
• Date Published: April 2025
• Length: 89 pages
• Grant Number(s): 80-IJ-CX-0034
• Agencies: NIJ-Sponsored
• Publication Type: Report (Study/Research)

Annotation

Research on juries, jury selection, and eyewitness testimony can be used to formulate guidelines for the development and selection of courtroom tactics and strategies to improve the quality of courtroom decisionmaking.

Abstract

These general recommendations about courtroom methods and strategies are based on social science research, particularly social psychological research on fundamental social processes which occur both within and outside courtroom settings. For example, social science research on attitude change and persuasion forms the basis for the guidelines on organizing and presenting opening statements, closing arguments, witnesses, and evidence. Studies on nonnverbal communication suggest how attorneys can manage their own or their witness's nonverbal communication in courtroom presentations. Avoiding nonverbal behaviors that detract from or undermine presentations and developing nonverbal behaviors which will underscore the credibility and authority of attorneys and witnesses are important. Jury selection research examines how pretrial publicity impacts juror decisionmaking and suggests limiting instructions given to jurors in certain cases. The use of language in the courtroom, the effects of physical appearance, the use and abuse of objections, and juror comprehension of instructions are also reviewed. Also considered is the role of social scientists in collecting data necessary for change-of-venue motions and jury selection, and in serving as expert witnesses on issues of eyewitness reliability. Developing a science of advocacy relies on applying the principles of social psychological research to issues such as persuasion and attitude change, nonverbal such as persuasion and attitude change, nonverbal behavior, human memory and eyewitness reliability, and interpersonal behavior. Extensive chapter references are provided.