Latest Edition of the Jury Expert

Latest edition of the Jury Expert published by the American Society of Trial Consultants is now available.  Below is a list of current articles.

Taming the Reptile: A Defendant’s Response to the Plaintiff’s Revolution by Dr. Ken Broda-Bahm  

The Reptile Approach has been immensely popular among the Plaintiff Bar and many articles have discussed the benefits and drawbacks of this approach. Rather than going down that road again, we are publishing a look at how to attack the soft underbelly of that scaly reptile. How do you circumvent a snake? You start by reading this Defense approach to the Reptile Theory

 

The Truthiness of Visual Evidence by Eryn Newman, Ph.D. from the University of California at Irvine, and Neal Feigenson, J.D. from Quinnipiac University School of Law

Stephen Colbert has made "truthiness" a well-known concept. "You don't look up truthiness in a book. You look it up in your gut." So what happens when truthiness comes to your courtroom and then makes it into the deliberation room? Two researchers take a look at how truthiness interacts with visual evidence and a trial consultant (and visual evidence expert) responds. 
 

Neutralizing Negative Pretrial Publicity: A Multi-Part Strategy by Adam Shniderman, M.A. from the University of California at Irvine

 

Negative pretrial publicity is a nightmare. You have to address it but how to do that effectively is often a puzzle. This writer presents a multi-part strategy (e.g., pre-trial, during voir dire, and during the case presentation) to not only addressing, but neutralizing negative pretrial publicity.

 

When Does a Defendant’s Impulsivity Exculpate vs Incriminate?by Clayton Critcher, Ph.D. from the University of California at Berkeley, and Yoel Inbar, Ph.D. from Tilburg University, The Netherlands

Did your client make that decision fast or slow? As it happens, the observer may attribute immoral character to those that make a fast decision, or they may attribute a higher level of morality to those that seem to weigh the evidence and consider their choices before deciding. So what can you do to frame the decision made by your client in a way that will benefit and not harm them? Two researchers tell us about their work and two trial consultants respond with their thoughts on applications to litigation advocacy. The researchers also make a brief reply to the trial consultants comments. 

 

Favorite Thing: The DELETE Key We often have a "new" favorite thing in our issues of The Jury Expert. Typically, it's something new (or new to many of us) and we are introducing you to something we've found that is just wonderful. This time though, it's a little different. This has been around forever. Truly. But we think that just because you've known about it forever doesn't mean it can't be your new Favorite Thing too! 

 

Inaccuracy in Political Self-Perception: Young Adults Are Not as Conservative as They Believe by Michael Bernstein, Ph.D. from Pennsylvania State University, Abington, andEthan Zell, Ph.D. from the University of North Carolina at Greensboro

 

There are basic things we all know about ourselves. You are tall or short. You have straight hair or wavy/curly hair or, perhaps no hair. Your eyes are brown, or blue, or hazel--more or less. And you are liberal or conservative. We know these things to be true. Except when we don't. New research shows us that we may be inaccurate in what our politics truly are--especially when we are young. You may not be as liberal or as conservative as you think. Two researchers share their findings and two trial consultants consider this in the context of their day-to-day work in litigation advocacy. The researchers then make a brief reply to the consultants. 

 

Book Review- Social Media as Evidence: Cases, Practice Pointers, and Techniques by Rita Handrich, Ph.D. of Keene Trial Consulting

Social media was fairly new not long ago and now it is a basic consideration of voir dire and jury selection (not to mention concerns over social media during the trial itself). This book (from two attorneys at DLA Piper) covers the basics of social media investigation, pitfalls, and offers multiple techniques for voir dire. Read this review and see if you'd like to add the book to your library.

 

 

 

Trial Advocacy: Truthiness, Falsiness, and Nothingness by Kathy Kellermann, Ph.D. of Kathy Kellermann Communication Consulting

 

Earlier in this issue, we have an article on the truthiness of visual evidence. But what about all the other extra-evidentiary influences that bring truthiness in the door to the courtroom and the deliberation room? In this article, a trial consultant reviews multiple ways truthiness, falsiness, and even nothingness can be unwanted visitors to your trial.