Innovating For Wise Juries: Preliminary Instructions

June 14th, 2017|DOAR|

Stephen Susman In a series of articles on Law 360, Steve Susman, Richard Lorren Jolly and DOAR Jury Consultant Roy Futterman provide the Civil Jury Project’s proposed innovations for improved jury trials:     This is the third in our series of articles on the Civil Jury Project’s proposed innovations that can resuscitate the American jury trial. Each week we offer a summary of a different innovation, the legal support for its use, and empirical studies on its popularity. Each innovation has been proposed by academics and practitioners, implemented by state and federal judges, and is not prohibited in most jurisdictions. Most importantly, each innovation

Are any of those stories on America’s increasing  racial prejudice true?

June 14th, 2017|The Jury Room (Keene Trial Consulting)|

You have likely heard many stories repeated about increased racial prejudice since the 2016 national elections in the US, but is there any evidence-based proof that alleged increase is real? According to a new working paper from the National Bureau of Economic Research, yes—at  least when it comes to a willingness to say things aloud that have not been “okay” for a very long time. Vox has written a plain language explanation of this paper that you may want to look at to get a quick (and clear) synopsis. Essentially, the message is that when you see leaders behaving badly,

Mastering Group Voir Dire: Tip 5—Avoid the “Looking Good” Bias

June 13th, 2017|Jury Research Blog (Jury Research Services)|

June 7, 2017 Jeffrey T. Frederick, Ph.D.             The initial tips in our Tips series have focused on setting the stage for effective voir dire (Tip 1; Tip 2; and Tip 3) and capitalizing on open-ended questions (Tip 4) to increase our understanding of jurors.  Now I turn to a major problem in jury selection, the looking good bias, and how to avoid evoking it in jurors. (Click here to see a short video for this tip.) Looking Good Bias             The “looking good” bias (i.e., the socially desirable response bias) is an impression management strategy designed to portray a

Take Care When Calling Out a Liar

June 12th, 2017|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm:  For politically-oriented news junkies, this past Thursday featured must-watch fare. Former FBI Director James Comey raised his hand, took the oath, and testified about his carefully-documented meetings with his old boss, President Donald Trump. What stood out from his testimony was the number of times he called Trump a liar, by implication and, at times, using that actual word. Trump lied, according to Comey's testimony, about the disarray within the FBI, and in his many statements to the media denying that he had asked for Comey's loyalty and requested that he let go of the investigations

New Media’s Impact on Jurors (and How Your Trial Graphics Should Respond)

June 12th, 2017|Litigation Insights|

Part I Jurors: Then vs. Now Your trial graphics do not live in a vacuum.  Their success is based solely on their effectiveness with the audience – your jurors.  Of course, no two jurors are exactly alike; their needs and wants are a moving target.  So how can our graphics possibly meet the communication expectations […] The post New Media’s Impact on Jurors (and How Your Trial Graphics Should Respond) appeared first on Litigation Insights.

Violence and Gender: More on dangerous women 

June 9th, 2017|The Jury Room (Keene Trial Consulting)|

We’ve written a number of times about dangerous women here and our readers (as well as random internet visitors) seem to be fascinated by them. But there is disagreement among those that believe their personal experiences/exposure define reality and the actual facts. For example, we published a post on a prospective research study. The study questioned whether women were sentenced to more time in prison than men who were convicted of the same crimes. A legal blogger known for his moral outrage wrote about the post and asked why in the world we would use our blog to perpetuate a