Jury simulation studies: to exclude or not to exclude participants based on a lack of comprehension of the case?

Jury simulation research has been the subject of longstanding criticism in regards to ecological validity. One additional factor that has received little attention that may also impact the generalizability of this research relates to excluding participants based on their memory of, or their attention paid to, the case. In order to determine how common this exclusion is, the authors conducted a scoping review of jury simulation studies within the last 10 years across three major legal psychology journals. The review revealed variability in if and how studies excluded on the basis of poor attention or for failing manipulation or general memory checks. In addition, studies that did exclude on this basis varied greatly in the proportion of the sample that was excluded. Recommendations are provided in order to assist jury researchers in future with how best to manage exclusions on the basis of juror memory and attention.