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How accurate is a mock trial in predicting what will happen in a real trial?

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How accurate is a mock trial in predicting what will happen in a real trial?

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A mock trial is not designed to predict trial outcome. (Social scientific research cannot predict the outcome of complex, unique events anyway—so beware consultants who suggest they can predict.) It is designed to test a case in a way that helps us learn how to overcome our side’s weaknesses and to present our case most effectively. We therefore work closely with the trial team to prepare mock trial presentations that hone in on the key problem areas. We review case documents and discuss the case with the trial team to develop arguments and themes that need testing. We may choose to present selected witnesses and demonstratives, or to focus on oral arguments only. We then analyze jurors’ reactions and work with the trial team to improve the persuasiveness of their trial presentation. The final trial presentation therefore differs significantly from the mock trial presentation. If we have tested witnesses, we may use that feedback to work with the witnesses to make their presentations m

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