The Litigation Psychology Podcast - Episode 274 - Strategies to Identify Beliefs and Attitudes in Voir Dire

Bill Kanasky, Jr., Ph.D. talks about the role of juror beliefs and attitudes in voir dire and why they must be treated as distinct concepts. Beliefs are what jurors think (cognitive), while attitudes are how they feel (emotional). Bill emphasizes that while many attorneys stop at/after belief-based questions, it’s the follow-up attitude questions that reveal the real risk, since emotions ultimately drive juror decision-making.

Bill gives an example of the sequence: start with belief questions such as “Do you think corporations put profits over safety?” and then follow up with attitude questions like “How do you feel about that?” Two jurors may share the same belief but have very different emotional reactions with one seeing it as a natural part of capitalism, while another may express deep distrust. That emotional distinction - the 'why' behind the belief - is where attorneys uncover risky jurors.

Bill stresses that attorneys must not be afraid of uncovering negative emotions. In fact, identifying jurors with strong negative attitudes provides valuable opportunities to uncover additional risky jurors by asking who else feels the same way. Help make it easier for jurors to strike themselves. He advises attorneys to normalize negative responses, encourage openness, and use follow-ups, including multiple-choice options, to make it easier for jurors to express themselves. Ultimately, he argues that separating beliefs from attitudes and digging into emotional responses is the key to identifying and striking high-risk jurors.