Juries

Latest Edition of the Jury Expert

Here is the latest edition of the Jury Expert from the ASTC.

“Only the Guilty Would Confess to Crimes”
: Understanding the Mystery of False Confessions

by Douglas L. Keene, PhD and Rita R. Handrich, PhD of Keene Trial Consulting Why on earth would anyone, anywhere, ever confess to a serious crime they did not commit? Especially something like murder? Seriously? Our mock jurors find it hard to believe and, in truth, it ticks them off. Two trial consultants present the research on why people falsely confess and the cascade of errors presented by a false confession. Saul Kassin, Walter Katz, Karen Franklin and Larry Barksdale respond to this important paper.   

False Confessions: “I Can’t Believe I Said That”

by Diane Wiley of National Jury Project

Given the skepticism as to why anyone would confess to serious crimes when they were innocent--it is important to know how to identify biases prior to seating jurors. Here's a supplemental jury questionnaire (SJQ) covering all the issues you need to address in a false confessions case. 

Book Review: Police Interrogations and False Confessions: Current Research, Practice, and Policy Recommendations

by Rita R. Handrich, PhD of Keene Trial Consulting

Here's a quick and thorough way to review the research on false confessions and learn a few things you didn't know before. Multiple areas are covered and you are sure to be surprised by some of the content!  

Disability Wrongs-Disability Rights

by Steven E. Perkel, DSW, LCSW, of Archer Law and Paul J. Tobin, MSW and James Weisman, JD of the United Spinal Organization

This article is eye-opening. It recounts truthy biases about people with disabilities based on the pseudoscience of eugenics and how these biases were supported by laws and court rulings resulting in thousands of people undergoing involuntary sterilization. The article also describes how decisions continue to be made that put people with disabilities at risk.  

Abstract Thinking Reduces Conservatives’ Prejudice Against Stigmatized Groups

by Jamie Luguri, Jaime Napier, PhD and John Dovidio, PhD all of Yale University

How does a conservative juror view a "non-normative" group member differently than a more liberal juror and what, if anything, can you do to change that view? New research out of Yale University tells us there may well be ways to modify pre-existing perspectives and James McGee and Charli Morris offer their thoughts as well.  

Favorite Things: The Mona iPad Stand and Evernote

by Two ASTC Member Trial Consultants

Remember everything and practice more effectively, comfortably and attractively. How could these two not make our Favorite Thing lists?

Musings from the Deliberation Room: The Impact of Humor on Juror Decision-Making

by Jaime Bochantin, PhD of Tara Trask & Associates

A horse walks into a bar and the bartender says "Why the long face?". Okay. So we all find different things funny. This article looks at how humor helps and hinders the deliberative process (using examples from mock trial research) and gives pointers on how you can both assess and use juror humor style in voir dire decisions. 

Media Exposure, Juror Decision-Making, and the Availability Heuristic

by Judith Platania, PhD of Roger Williams University and Jessica Crawford of the Milford, Massachusetts Police Department

How do the general bits and pieces of information about lawsuit damages jurors pick up from the media enter into the deliberation room? Jurors don't "set aside" that knowledge simply because they are told to do so--but you knew that. Take a look at how that pre-existing knowledge is related to verdict and damages.
   

Latest Edition of the Jury Expert

The American Society of Trial Consultants has posted its Fall edition of the Jury Expert.  Below is a brief description of the articles that can be found in this latest edition. 

Thin Slices of Testimony

by Caroline Titcombe and Stanley L. Brodsky from the University of Alabama  You've likely read about thin slicing and how we make judgments that often turn out to be disturbingly accurate. Here's a look at thin-slicing applied to witness impressions. When we judge witnesses--are our impressions accurate? You might be surprised at the answer.   

Getting the Most Out of Your iPad During Litigation

by Morgan Smith of Cogent Legal

The iPad has changed how we work and surf the web. Here, in a very hands-on article, Morgan Smith tells you how to use the iPad to display trial exhibits. Do you really need to lug that laptop around anymore? 

 

The Witness the Jury Is Going to Hate

by Katherine James from ACT of Communication

Ever have a witness you think the jury is going to hate? Maybe because you don't like them so much yourself? Enter Katherine James. How do you help the witness and help your own attitude toward them? Read and learn.  

Favorite Things for September/October, 2012!

by Three Members of the American Society of Trial Consultants

It's been a while since we've done a Favorite Thing. So we have not one Favorite Thing. Not two. But three Favorite Things we think will become your favorites too. Take a look. 

Good Witnesses Don’t Smile (Much)

by Jacklyn E. Nagle and Stanley L. Brodsky from the University of Alabama

Can you trust a smiling witness? What is that smile hiding? Can you be sure? New research shows us that sometimes a smile is more than a smile.  

The Jury Expert, To Go

by Brian Patterson of Barnes and Roberts

We've redesigned our pdf version of The Jury Expert. Take us with you to where the internet has not gone (yet). Or print us off and share with colleagues. We look good. 

 

Hydraulic Fracking & The Environment: Juror Attitudes, Beliefs, and Priorities

by Douglas L. Keene and Rita R. Handrich from Keene Trial Consulting

Hydraulic fracking (aka hydro-fracking) is a technique for removing natural gas from deep underground geological formations that would otherwise not be sufficiently productive to be economical. The debate over safety and health impacts is heated. What can we really know about how potential jurors react to the practice, especially in a downturned economy? Here's a look at national and regional attitudes courtesy of polls, surveys and some actual research articles. See how to sample public attitudes for any toxic tort case in preparation for pretrial research. 

 

Neurolaw: Trial Tips for Today and Game Changing Questions for the Future

by Alison Bennett from Bloom Strategy

Did your brain make you do it? An update on neuro-law as it is evolving in a courtroom near you. What do you need to know? How can you learn it? See the latest in developments.

Note From the Editor

from Rita R. Handrich, Editor of The Jury Expert

Finally! It's fall and the mercury is falling. This issue is full of articles you can use on witnesses, technology, and new areas like neuro-law and attitudes toward the controversial practice of hydro-fracking. Read us online or via our newly redesigned pdf. The Jury Expert. We go where you go. 

May Edition of the Jury Expert

Here is the latest edition of the Jury Expert which is published by the American Society of Trial Consultants (ASTC).  Also, ASTC is having its annual conference next week in New Orleans.  For those interested in more information about the conference go here.

Subtle Contextual Influences on Racial Bias in the Courtroom

by Karenna Malavanti, Megan Johnson, Wade Rowatt and Charles Weaver, all from Baylor University. 

How well are we managing bias in the courtroom? Four Baylor researchers present research on how subtle religious cues result in more bias against African Americans. (It's actually worse than just African Americans but that's research pending publication so we just get a peek at that.) Karen Hurwitz and George Kich respond with their reactions to the research findings. This is a really disturbing piece of research about which you need to be informed. 

The ‘Hoodie Effect’: George, Trayvon and How it Might Have Happened

by Doug Keene and Rita Handrich from Keene Trial Consulting

A look at how to craft trial narratives for both prosecution and defense presentation by reviewing the social sciences research that may be relevant to the George Zimmerman/Trayvon Martin case. What do we know in terms of the facts released? What does the research have to say? And how can you take that research and combine it with known facts to craft a plaintiff or defense narrative to test in pretrial research? A disturbing but intriguing article on a case in the headlines. 

 

Leveraging Social Media for Litigation

by Amy Singer from Trial Consultants, Inc. 

We are all inundated with social media information. But how do you organize all that information to use it for trial preparation? Amy Singer brings us that knowledge by offering education and information on how-to's for everyone. This is a step-by-step description of the process first used for the Casey Anthony trial. 

10 Tips For Preparing The Crazy Witness For a Media Frenzied Trial

by Katherine James from ACT of Communication

Crazy, out-of-control witnesses? Who better than a 60-year-old, small-statured woman to handle them? That's how Katherine James describes herself in this article but as you read it, you will doubt anyone working with Katherine sees her as small and frail. This is brash and plain-spoken advice earned through much (perhaps a bit too much) experience over the years with this challenging group.

Turning an Expert Witness into a Great Witness

by Doug Carner from Forensic Protection

How do you best prepare expert witnesses? A close observer of expert witness courtroom performance offers his top tips and Stan Brodsky, Elaine Lewis and Ellen Finlay respond and tell us what they might do the same or differently. 

“A Parade of Horribles”—Broccoli, Burial Markets, and Justice Scalia’s Wife: The Role of Analogies in Human Decision-Making from Justices to Jurors

by Ryan Malphurs and Hailey Drescher from Tara Trask & Associates

Ryan Malphurs and Hailey Drescher have been watching the Supreme Court again and this time they are showing us how the Supreme Justices use analogies (to lesser and greater effect) and how we can apply those lessons in analogy to non-Supreme Court presentations.

 

Book Review: Ideology, Psychology, and Law

by Rita Handrich from Keene Trial Consulting

A book review of the latest (encyclopedic) reference on the intersection of the law and mind sciences. Edited by Jon Hanson with 800 pages full of research and application that will leave you breathless and, more importantly, curious.

 

Juror Questions: Why Attorneys Should Embrace Allowing Jurors To Ask Questions of Witnesses

by Andrea Krebel from TrialGraphix, Inc.

Andrea Krebel takes us through the rationale behind juror questions of witnesses and why it makes sense to embrace the practice rather than resist. 

Racism, bias, expert and crazy witnesses and a whole lot more

from Rita Handrich, Editor of The Jury Expert

The past two months have been an interesting time for us. We are pulling articles from the headlines for this issue and taking on provocative and disturbing topics. Go ahead and "click". You know you want to. We want you to as well. 

 

Latest Edition of the Jury Expert

The March edition of the Jury Expert is now available. 

Intellectual Property Cases: Ten Lessons From Pre-Trial Research

by Ellen Brickman and Julie Blackman of DOAR Consulting
Ten lessons learned from mock jurors participating in pre-trial research on intellectual property cases. 

Principles in Persuasion: Beyond Characteristics of the Speaker 

by Brad Bradshaw of Bradshaw Litigation Counseling

What do you need to know about persuasion? The author of a recent book on persuasion summarizes the research so you know what to do now.  

The Art of Rehearsing for the Courtroom

by Suann Ingle and Nancy Geenen of Suann Ingle Communications

Does it matter if you actually rehearse for mock trials? The answer is yes and these two consultants tell you why as well as the all-important 'how'.

 Vocal Pitch in the Courtroom

by Jessica Boyle and Stanley Brodsky of the University of Alabama 

High voice, low voice, male voice, female voice? What the research says about your vocal pitch and persuasion in the courtroom. 

Road Warrior Tips (March, 2012)

Submitted by various ASTC frequent flyers

 Do you know what the nastiest, germiest thing in your hotel room is? Think again. And learn how to avoid taking bedbugs around the country with you! These two tips and much more more in this growing category. 

Harming Children: Uncovering and Overcoming Bias When Defending Sex Crimes Against Children

by Beth Bochnak of NJP Litigation Counseling (formerly the National Jury Project)

In our last issue we focused on 'sensitive topics' and approaching them successfully. Here's another one: an SJQ (and the rationale for various questions) for defending those accused of sex crimes against children. 

A Big Book Filled With Big Ideas

by Steve Perkel of Archer & Greiner, PC

A review of Daniel Kahneman's (500 page!) tome Thinking Fast, Thinking Slow. What can we learn from this book to inform litigation advocacy. Steve says "a lot" but we have to give it time to percolate. 

Weird Science: How Misperceptions of Litigation Consulting Can Drive Juror Cynicism

by Ken Broda-Bahm of Persuasion Strategies

You probably saw the "Why does everyone hate jury duty?" 'surveys' floating around the web. A trial consultant takes a look at the original article questioning our system and ponders how cynicism plays a role in the responses.  

Irises, Tulips, Last Minute Scrambles & Gratitude

from Rita Handrich, Editor of The Jury Expert

 Usually we keep this stuff from you. This issue though, a behind-the-scenes look at what members of the ASTC (American Society of Trial Consultants) are really like. Famous old saying: "Character will out." 

 

 

Latest Edition of the Jury Expert

 The American Society of Trial Consultants has posted the January edition of the Jury Expert. 

Shock and Awe – The Art of Using Focus Groups to Profile Highly Emotional Cases

by Carey Crantford, Crantford Research

Special strategies for pretrial research on highly emotional cases (e.g., alleged pedophilia, child murder, or pornography). 

Smoking Dope and Burning Vaginas (Did I Just Say That Out Loud?) And Other Voir Dire Questions You Really Can Ask Out Loud

by Charlotte A. ("Charli") Morris, Trial-Prep

You really can talk about very sensitive topics in open court. Yes. Even smoking dope and burning vaginas. 

Why We Might Be More Moral Than We Think: The Importance of Emotion for Moral Action and Moral Forecasting

by Rimma Teper, Michael Inzlicht, Elizabeth Page-Gould

Emotions are important in decision-making and the intensity of the felt emotion plays an important role in sorting out ethical dilemmas found in your case narrative. With responses from trial consultants. 

Talkin’ ‘bout our Generations: Are we who we wanted to be?

by Doug Keene and Rita Handrich, Keene Trial Consulting

We have four generations in our jury boxes. How are they the same and how do they differ? See it here and update your generational 'pictures'. 

Road Warrior Tips

So you're hitting the road again? This is a new feature that we will constantly add to as new 'tips' come in. So send us yours via the Comments feature. Tips from ASTCs frequent travelers to make your travels more pleasant. 

The Use of Technology in Witness Preparation: Is the iPad2 for You?

by John Gilleland, TrialGraphix

Pack only an iPad and an iPad stand? Wow. Witness preparation with video feedback to the witness. How-to's from a skilled practitioner. 

Business Development for Attorneys: Using Trial Consultants with End Clients

by Suann Ingle and Nancy Geenan, Suann Ingle Consulting

A model for attorneys to effectively use trial consultants for communications (difficult and routine) with end clients. 

In Law as in Life, the Power of Context

by Sam Sommers, Tufts University

An application of Sam Sommers' new book Situations Matter to the courtroom (and to everyday life).

Latest Edition of the Jury Expert

The Jury Expert is the publication of the ASTC. Each issue delivers perspectives and research related to the Art and Science of Litigation Advocacy.

 

A Necessary Evil: Edward Tufte and Making the Best of PowerPoint
by Jason Barnes & Brian Patterson

When Your Life is on the Line, Be a Victim, Not a Hero
by Kurt Gray & Chelsea Schein with comments from Julie Blackman, Beth Foley & Kathy Kellermann

Are You Now, or Have You Ever Been, Crazy: Questions about Mental Health for Supplemental Juror Questionnaires
by Diane Wiley

Generation X members are "active, balanced and happy." Seriously?
by Doug Keene & Rita Handrich

Things To Know About Being Interviewed on TV
by Elaine Lewis

The Jury Expert Favorite Thing for November, 2011

Book Review: Evaluation for Personal Injury Claims
by Wendy Saxon

Using Online Surveys to Conduct Jury Research
by Brian Edelman

Latest Edition of the Jury Expert

The latest edition of the Jury Expert is now available. 

The Nerd Defense: You likely heard about this one since it was all over the web last month. Essentially, it was presented as though putting a pair of eyeglasses on your criminal defendant would result in acquittal for violent crimes. We wondered about that and so went to the researcher who was quite happy to tell us what he really found. His results were a bit misinterpreted! See what Michael Brown really found in this issue and then take a look at what three trial consultants and one criminal defense lawyer have to say as well. You'll also hear about some preliminary results of research on what happens when corporate defendants put on eyeglasses. 

Jurors with Attention Deficit Disorder (ADD). Tips on maintaining their attention. 

Beyond Bullet Points on Trial. A look at how best to present your case visually at trial. 

Ten Dynamite Tips to Improve Your Results from Group Voir Dire. 

Playing the Other Side's Hand: Strategy for Voir Dire.

Online Jury Research: Is the Time Right?

Let's Talk: Addressing the Challenges of Internet Era Jurors.

Video Review of iJuror and Jury Duty Apps for the iPad. Is it time to replace your paper notes with an iPad?

And as always--a Note from the Editor. We are eager to hear your feedback on our new design and would love your comments on our articles in this issue. 

Rita R. Handrich, Ph.D., Editor, The Jury Expert

Latest Issue of the Jury Expert

Between Coddling and Contempt: Managing and Mentoring Millennials
by Douglas L. Keene, Rita R. Handrich
Controversy in the online legal community over the work ethic of Millennial generation attorneys has been ongoing for the past few years. Are they lazy, entitled, only interested in tweeting and demanding praise (and high compensation) for mediocre work? In a follow-up to the review of the research on Millennials (in July's Jury Expert), two experienced trial consultants examine what we can really know about the work ethic of Millennials and identify management and mentoring strategies for law firms as well as workplace-entry tactics for the Millennial attorney.

Full Article

 

Snips and Snails and Puppy Dog Tails: Does What We're Made of Make a Difference in the Courtroom?
by Laura Dominic
A review of gender styles in communication and how male and female styles of communication differ. Tips from an experienced trial consultant on how you can strategically and flexibly use both gender communication patterns to help you be more effective in the courtroom.

Full Article

Out of the Shadows, Into the Jury Box
by Alexandra Rudolph, Tara Trask
What is a shadow jury? Why should you consider using one? How is a shadow jury recruited, facilitated and used during the course of a trial? Two experienced trial consultants answer these questions and more.

Full Article

Case Strategy for the Civil Defendant: The Effects of Injury Severity and Rebuttals on Liability and Damages
by Matt Groebe
Original research examining the attention paid to liability and damages evidence in a unitary trial. Should the defense attorney counter the plaintiff's damages recommendation or refuse to offer a rebuttal by claiming the defendant is not liable? Recommendations are made on strategies for a mildly injured plaintiff versus a severely injured plaintiff.

Full Article

"I Hate That #@*%!": Overcoming the He-Said She-Said Battle in Family Law Cases
by Andrea Blount, Paula Pratt
Preparing witnesses to enhance clear communication is important in any case, but family law matters have some additional unique challenges: (1) managing the emotional drama, (2) enhancing credibility in a he-said she-said environment and (3) cutting through the noise and telling the story. An experienced trial consultant and a family law attorney offer strategies.

Full Article

 

Holy War: Juror Questionnaires for Cases with Middle Eastern, Arab, Muslim or Anyone-Who-Might-Be-One-of- the-Above Parties
by Diane Wiley
We're seeing constant headlines about anti-Muslim, anti-Arab, anti-Middle Eastern people. What sorts of questions help to identify bias? An experienced trial consultant shares tried and true questions and proposes some new ones based on current events.

Full Article

Working for Justice in Neshoba County, Mississippi
by Beth Foley, Andy Sheldon, Beth Bonora
ASTC's current President, Beth Foley, interviews two past Presidents (Andy Sheldon and Beth Bonora) about their work in the Neshoba County, Mississippi re-trial of the 40 year old civil rights murders which resulted in the successful conviction of Edgar Ray Killen. The occasion is the release of the documentary film -- Neshoba: The Price of Freedom -- and the pride we at ASTC have in our affiliation with these two ASTC-member consultants.

Full Article

Favorite Thing for September 2010 Our Favorite Thing for September 2010 is a simple strategy you can use no matter where you go. Save your peremptory strikes and your cash. Full Article