Jury Selection in White Collar Cases: Challenges and Strategies by DOAR’s Ellen Brickman, NY Law Journal

March 16th, 2018|

DOAR’s Ellen Brickman, Ph.D. discusses the challenges faced by litigators during jury selection in White Collar Criminal matters and offers insightful strategies to help during jury selection in this New York Law Journal article.   Read Here   The post Jury Selection in White Collar Cases: Challenges and Strategies by DOAR’s Ellen Brickman, NY Law Journal appeared first on DOAR.

Instruct the Jury Accurately on Witness Credibility

March 15th, 2018|

By Dr. Ken Broda-Bahm: Given the nature of my involvement in cases, I’m not often present in the courtroom when the jury receives its instructions. But I remember one time that I was. As the judge read out the sections focusing specifically on the credibility of witnesses, I thought, “This is deeply misleading…if not outright wrong.” The advice to the jurors just prior to their deliberations was to consider the completeness of a witness’s recall, with no additional information on the limits and distortions of memory, and to assess truthfulness based on their own careful observations of the witness’s demeanor

Should I Allow Jurors to Ask Questions of Witnesses?

March 14th, 2018|

On more than one occasion, I’ve been in court when the judge asked counsel if they would like to allow jurors to submit any questions for witnesses following their testimony. In most cases, judges have indicated they would allow juror questions if both parties agreed, yet attorneys are rarely sure if it is a good […] The post Should I Allow Jurors to Ask Questions of Witnesses? appeared first on Litigation Insights.

Use the Features that Make the Fake News Fly

March 12th, 2018|

By Dr. Ken Broda-Bahm:  There is an old saying attributed to Mark Twain, that “A lie can travel halfway around the world while the truth is still putting its shoes on.” Based on a recent large-scale MIT study, that turns out to be pretty accurate. The study, released this past week in the journal Science (Vosoughi, roy, & Aral, 2018), examined the spread of more than 126,000 true and false stories shared by more than three million people on Twitter, and assessed their truth based on respected fact-checking organizations. What they found was that false news has a big advantage over the truth:

“Jury Nullification” is a Greater Threat than You Think

March 8th, 2018|

By Jill D. Schmid, Ph.D. Sound Jury Consulting recently conducted a nationwide online survey in which we asked the following: If you were sitting as juror in a trial where your personal beliefs about the case were in conflict with the laws the judge told you to follow, how difficult do you believe it would be to set your personal beliefs aside and not let them influence your decision? 62% said it would be very or somewhat difficult. While the results highlight the importance of a sound jury de-selection strategy, they also speak to what many might call jury nullification.

The New World Order

March 8th, 2018|

Melissa and I have attempted do two things consistently with the posts we write. First, we try to be tactful, and not insult anyone. Second, we strive to be timeless, not dating our posts by the topic. This post breaks the 2nd rule, but hopefully, not the first objective. The topic is what some have identified as a change in the global order that began with the campaign and election of our current president, Donald J. Trump. Though U.S. politics have been polarized to some degrees for many election cycles, there is no denying that the current level of polarization

Take a Second Look at Why Per Diem Damage Requests Work

March 6th, 2018|

By Dr. Ken Broda-Bahm: As a litigation consultant with an academic background, I am in a unique position: I stay abreast of the social science research (the blog schedule makes sure of that), but I also spend my days working with trial lawyers on the practical needs of cases going to trial. From that vantage point, I’ve observed that practice often proceeds independently of research. In other words, lawyers do what their own experience and hunches tell them to do, regardless of whether the social science supports it or not. One example off that disconnect relates to per diem demands. Where plaintiffs

Bargaining and negotiation

March 6th, 2018|

Bargaining is a social psychological phenomenon that I observe in every mock jury research project I conduct. Rarely do the mock jurors reach unanimity without considerable back and forth discussions. According to social psychological theory, bargaining involves situations with the following characteristics: (1) the parties involved have divergent interests; (2) some form of communication by the parties is possible; and (3) the parties are able to make concessions. When a group of citizens is formed to comprise a jury of 6, 12, or another size, the 3 conditions listed above converge and ultimately, a verdict is reached. (Of course, when

Connecting With Jurors by Turning Off Your Screen

March 5th, 2018|

I have the privilege of working on a regular basis with many of the top trial lawyers in the nation, and they are an impressive bunch. In addition to their knowledge of the law, their capacity for hard work, and their practiced trial skills, they tend to carry an unquantifiable charisma. The great trial lawyer is a person who, when he or she enters a room, knows how to command the room. And although they are not arrogant, they do know that they have that ability and that they can turn it on or off. This means that the great

Make Your Redirect Something Other Than a Repair Job

March 5th, 2018|

By Dr. Ken Broda-Bahm: Her key witness is still on the stand. Direct examination went well, and now the other side’s cross-examination is just wrapping up. Standing up for redirect, the attorney looks at her notes: Coming out of cross, there’s a pretty long list of concessions, misleading answers, or unclear implications, and all of them need to be fixed. So, starting at the top of the list, the attorney begins: “Remember when opposing counsel asked you… well what did you mean when you said… can you clarify the background for that…?” Once the impression is a bit improved, it is on to the