Which types of voir dire questions yield more informative answers from jurors? Online Jury Research Update

August 29th, 2022|

Information gathering about jurors is a central goal of voir dire. The choices lawyers make about the form and tone of questions affects both the quality and quantity of information obtained from jurors. Grosso and O'Brien (2019) analyzed attorney questions and juror answers of actual individualized voir dire of 729 potential jurors in 12 North Carolina capital cases. A detailed analysis was conducted of 8,583 general legal opinion questions lawyers asked these 729 jurors....

DHow does juror discretion affect damage awards to plaintiffs who are Black, Asian or female? Online Jury Research Update

August 18th, 2022|

The law seeks to ensure that injured plaintiffs are compensated for their injuries regardless of their race, ethnicity or gender. Girvan and Marek (2016) investigated how jurors differentially award damages based on plaintiff race, ethnicity and gender. Damage awards were examined where jurors have less discretion in determining the amount (economic damages) and where jurors have more discretion in determining the amount (pain and suffering damages). Jury verdicts were analyzed from 1,133 tort cases in New York, Florida and Illinois ....

How does the burden of proof standard affect guilty verdicts? Online Jury Research Update

August 7th, 2022|

The law assumes that proof beyond a reasonable doubt, clear and convincing evidence, and preponderance of evidence are standards of proof providing defendants with different degrees of protection on a sliding scale, with beyond a reasonable doubt providing the most protection. White and Cicchini (2019) tested whether jurors distinguish between the high burden required by proof beyond a reasonable doubt and the lower burdens of proof required by clear and compelling evidence and preponderance of the evidence. A total of 495 jury-eligible adults in 45 states....

How do deception expectations affect negotiations? Online Jury Research Update

August 5th, 2022|

Opportunities for deception are common in negotiations, and expectations about negotiation deception matter. Mason and colleagues (2018) conducted eight studies on negotiation deception. Five studies identified the nature of negotiators' expectations about negotiation deception. Three studies tested how negotiators' expectations about others' ethical practices influence negotiators' own decisions to be deceptive or honest in negotiations....

Are defendants more often found liable with general or special verdict forms? Online Jury Research Update

July 24th, 2022|

Using a general versus specific verdict form can affect the liability decision made by a jury. Schmidt and Diamond (1998) examined the effect of verdict forms on liability judgments in a products liability case. Jurors given a general verdict form were nearly twice as likely to favor the plaintiff as those with the special verdict form....Burd (2018) explored how liability decisions are influenced by the type of verdict form used and the necessity to justify the liability verdict in a defamation case....

When does juror exposure to negative pre-trial publicity affect deliberations? Online Jury Research Update

July 11th, 2022|

Pre-trial publicity (PTP) related to a case often is both sided and slanted, emphasizing primarily negative information in an unbalanced manner about either the defendant or the injured party. Ruva and Guenther (2017) examined how juries made up of jurors exposed to various types of negative pre-trial publicity differ in their deliberations and decision-making from juries comprised of jurors exposed either to no PTP or only one type of PTP....

Do jurors distinguish illustrative and substantive demonstratives when awarding damages? Online Jury Research Update

July 6th, 2022|

Evidence can be presented to jurors both verbally and visually, and if visual, as either an illustrative or substantative demonstrative. A substantive demonstrative has independent probative force, providing independent proof of a fact at issue in the case. Illustrative aids give visual form to other evidence, but provide no independent proof of that other evidence. Park and Feigenson (2021) conducted three studies that examined the effects of demonstrative evidence on mock jurors' pain and suffering damage awards....