Okay, so how do you detect these saboteurs? Unfortunately, lie detector technology and torture are out of the question. As a jury consultant, I am asked to evaluate a jurors' body language during selection to determine whether they are being honest in their answers. This is because, as duly noted by most communication experts, we tend to convey more revealing information through expressions of body language rather than verbalization. In fact, 65 - 75% of our communication is unspoken and more importantly, it's something that is usually beyond our control. Experts contend that much of our body language is involuntary. Said another way, our movements might send a different, more telling message than that which is coming from our mouths.

The first and most important step is to establish a juror's baseline, a fixed point of reference (i.e., the body at rest as compared to the body under duress). So how is this baseline important? How does this help us form an educated opinion of a juror? Because there is more to an answer than what is being said. When we evaluate body language we don't consider the words when evaluating whether someone is lying or telling the truth.

In order to establish a baseline in jury selection you should evaluate each juror from the moment they enter the jury deliberation room. How are they interacting? What does their posture look like? Do they have any natural ticks? Are they a nail biter? All of these nuances provide you a starting point in developing a juror baseline. Next, start your voir dire by asking the jurors throw away questions; for instance, "can you tell me where you went to high school?" The juror's physical response to these type of questions should provide you a comfortable baseline.

Once you have committed this baseline to memory, you need to remember it and compare it to the body language that particular juror exhibits when answering a question designed to identify a juror's bias against corporations? Look for subtle movements or a "hot spot," like a twitch, a scratch, the simple tap of a finger on the leg. Once you have identified a "hot spot," you should follow up with another de-selection question and confirm to see if this "hot spot" remains consistent or if the juror returns to his / her baseline.

There are many more nuances and techniques that can be used to help determine whether someone is being truthful or not but without creating and implementing a baseline approach, you will never have true insight into a jurors' credibility. Remember that 65% of communication is non-verbal, so don't only listen for a response, but look for one to. Eliminate the juror when he or she deviates from the baseline.