Those who only kill children are neuro-psychologically different from other murderers

May 17th, 2017|The Jury Room (Keene Trial Consulting)|

Of course it isn’t a surprise that they are gravely disturbed, but who knew it was neuropsychological?  This is an article from researchers at Northwestern University and looks very specifically at similarities and differences in the neuropsychological test scores of those who killed only children and those who killed some adults as well as children. The researchers start by telling us that the murder of a child is among the “rarest and least understood categories of homicide”. It is a fairly gruesome inquiry that the researchers say is made all the more necessary with media coverage that has mostly focused

Mastering Group Voir Dire: Tip 4—Capitalize on Open-Ended Questions

May 16th, 2017|Jury Research Blog (Jury Research Services)|

 May 16, 2017 Jeffrey T. Frederick, Ph.D.      So far in the Tips series, the focus has been on setting the stage for effective voir dire by (a) treating voir dire as a conversation with jurors (Tip 1); (b) using techniques that help jurors feel comfortable with speaking in court (Tip 2); and capitalizing on the initial hand-raising technique to encourage participation in the voir dire process (Tip 3).  I turn now to the nature of the questions themselves, in particular open-ended versus closed-ended questions.  While both of these formats have their place in a well-conducted voir dire, one format,

Try a Summary Trial

May 15th, 2017|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm:  Going to trial is a lot like going to Disneyland! But only in the sense that it is very expensive, and you will spend a lot of your time waiting. The expense and the delays of the trial process are a common focus for criticism and a big part of the reason why the vast majority of disputes never get all the way to trial, but instead find resolution through settlement or summary judgment. In a recent article, Andrew Pollis (2017), Professor at Case Western Reserve University School of Law, turns a critical focus on what he calls

“Resting bitch face [RBF]”: It does not mean what you (often) think it means

May 15th, 2017|The Jury Room (Keene Trial Consulting)|

‘Resting Bitch Face’ is, in case you missed it, the condition of having a neutral facial expression that people perceive as sour, unpleasant, and generally bitchy. Long before was RBF was a thing, a woman in my graduate school class told me that professors often thought she was angry because her face carried a flat expression when she was thinking. “It’s just how my face is!” she protested. Years later, allegedly not until 2013 (although it hit the Urban Dictionary in 2011), the phrase went viral. It is a “real thing” say scientists, is seen in the famous and the not-famous,

“So, who wants to be the foreperson?”: Opinion leaders in jury deliberations

May 13th, 2017|The Advantage Blog - Tsongas Litigation Consulting|

If the cast of Saved by the Bell had jury duty, Zach Morris (The Adult Years) would be a likely candidate for jury foreperson. Personable, popular, and persuasive, the other jurors would look to him for his opinions and interpretation of the case. If you’re not familiar with the show, Zach was the typical “popular guy” inserted into any television show. He wasn’t afraid to speak-up in class (even if he didn’t always have the right answer), he was confident, and he was charismatic. And although he wasn’t the brightest student at Bayside High, based on his personality, his career

Defending Premise Liability Cases with Video Surveillance Footage

May 12th, 2017|Litigation Insights|

While you can’t bank your whole case on a short video clip, the presence of “hard” video evidence jurors can see with their own eyes is much more persuasive than being told what happened.  (Especially when they’re being told by two different lawyers or experts with opposing motives and viewpoints.) To that extent, jurors really […] The post Defending Premise Liability Cases with Video Surveillance Footage appeared first on Litigation Insights.