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The article focuses on the implementation of psychology into the legal system, detailing the origin of the trial consulting field, the job description of the modern trial consultant, and the critiques often associated with the profession. Topics include U.S. Supreme Court case Batson v. Kentuck on peremptory challenges; removing discrimination in the modern jury system; and improving the constitutional fairness of a jury trial.

The article provides overview of the system of peremptory strikes in the U.S. It informs on problem of rampant racial discrimination in the application of the death penalty; challenges surrounding denial of black jurors from serving; and current legal framework of constitutional jurisprudence for addressing the same; and the court case Batson v. Kentucky.

This article proposes a practical solution to strengthen the enforcement mechanism: for the trial court to have sufficient evidence to adequately assess the validity of an objection under the U.S. Supreme Court case Batson v. Kentucky. It reviews the Batson decision and the expansion of the scope of its protections. It summarizes criticisms of Batson and its progeny levied by bench, bar and commentators. It also examines the use of video evidence and video transcripts in trial and appellate courts. Finally, the article argues that for a trial judge to fulfill her obligations under the third step of the Batson scheme, she must have evidence of what happened during the voir dire proceedings to assess the credibility of the proponent of the peremptory strike.