Communities Give Feedback in Pretrial Services By Judy Camp The reporter's voice on the other end of the phone searched for answers, "I have a questionnaire that was mailed out
to people in this area asking their opinions in a local murder case. Can you tell me who might have mailed it and how lawyers might use this information?'" As a researcher who provides community surveys and focus groups to attorneys, I twinged at the thought of a mail survey in a high profile case. Though market re earchers have used mail surveys to collect information for decades, its limitations and biases are widely known .• In the context of a legal case, where attorneys seek information to support a change of venue or to help construct juror profiles, the mail survey ri ks much. Most obviously, as with the example above, it risks the public, rea) jurors in the case, and the opposition finding out about it. It also risks collecting biased information from a limited group of people. Because of increased media coverage of the justice system and the public's appetite for news, it is hard for responsible citizens not to be aware of major cases in their community. Attorneys in these cases may find it nearly impossible to select an impartial jury, and community surveys can help them gage widespread attitudes and beliefs about their clients. However, among litigation researchers, telephone surveys and personal interviews have proved more valid and practical methods for gajlling this feedback. Telephone surveys especially have gained popularity in pretrial preparation. This is mainly due to widespread telephone distribution. (The U.S. Census shows 99% of all American households have telephones.) It is also due to
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developments in telephone research techniques which increase validity. (Documented research exists on research designs, questionnaire construction, question writing, sampling technjques, _ viewing techniques. 2) Telephone surveys also offer attorneys immediate feedback with no "paper trail" in the community. Thomas Beisecker, a litigation researcher and professor teaching graduate statistical research in the University of Kansas Department of Communication Studies, explains, "The manner used to collect data in litigation research is much different than the manner in which market researchers collect data to sell soap." Beisecker says attorneys who need information on community attitudes should use consultants who specialize in jury and litigation research rather than using marketing firms, because these consultants understand the constraints of such information and how to use the research under these constraints. He says, "Litigation researchers can design a study for help in developing the case theory, and they understand what issues are important and how the information will be used." Consultants who specialize in providing research to the legal community are more than data collection agencies; they can interpret research results for use throughout jury selection and the trial process. Beisec.ker's firm, Advocacy Research Associates in Lawrence, Kansas, consults to attorneys nationwide and provides community surveys and change of venue studies using telephone research. He says his firm would never consider a mail survey, because "you have too great a possibility of a low response rate and a non-respondent bias which skews the
Artwork by Kitty Harvill