Articles by Category
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Current ContributorsMerrie Jo Pitera, Ph.D.
The TJE Editorial Staff
Rita R. Handrich, Ph.D.
Rita R. Handrich, Ph.D.
Alexis Knutson, M.A.
Edie Greene, Ph.D.
Robert Durham, Ph.D.
Michelle A. Jones
Stanley L. Brodsky, Ph.D.
Alexis Forbes, Ph.D.
Will Rountree, J.D., Ph.D.
- How Does My Retained Expert Witness Improve Credibility? on
- Cross-Examination of the Narcissistic Witness on
- Guilty but Mentally Ill (GBMI) vs. Not Guilty by Reason of Insanity (NGRI): An Annotated Bibliography on
- Neurolaw: Trial Tips for Today and Game Changing Questions for the Future on
- Police Deception during Interrogation and Its Surprising Influence on Jurors’ Perceptions of Confession Evidence on
- Jurors Googling & Blogging – Can a Juror Pledge Stop Them? on
- Revealing Juror Bias Without Biasing Your Juror: Experimental Evidence For Best Practice Survey And Voir Dire Questions on
- Jury Decision-making in Excuse Defense Cases: A Novel Methodological Approach on
How Does My Retained Expert Witness Improve Credibility?
by Merrie Jo Pitera, Ph.D.
It comes as no surprise that when a witness is perceived as being credible, his or her messages will be more persuasive to the jury. Much academic research has been conducted to determine the primary characteristics that measure credibility. There has even been a scale developed to measure the perceived […]
Current Issue - Spring, 2016 Vol. 28, No. 1
by Rita R. Handrich, Ph.D.Posted on April 20, 2016 | No CommentsWhile we have had discussion of the decline of civil jury trials for some time now, did you know someone is actually doing something about it? In addition to the article we have on their latest meeting (a conversation between project founder Steve Susman and Supreme Court Justice Sonia Sotomayor), […]
by Rita R. Handrich, Ph.D.Posted on April 20, 2016 | No CommentsIn my part of the country spring has sprung and the wildflowers are out in force along with some brave redbuds, ‘tulip’ magnolias, and Bradford Pears. In other parts of the country, there is still a long ways to go til spring and I am very sorry about that reality. […]
by Adele Mantiply
and Michelle A. Jones
and Stanley L. Brodsky, Ph.D.
Schadenfreude, the experience of taking pleasure from the distress of another, is often in the courtroom. While schadenfreude might be a natural and understandable reaction to the contentious and possibly emotional environment of a courtroom, these researchers also address whether it can lead to harmful effects, and end by discussing ways to examine this phenomenon empirically.
by Alexis Forbes, Ph.D.
and Will Rountree, J.D., Ph.D.
As the litigation environment continues to evolve, we need to prepare witnesses for whom English is not a first language and those with limited English proficiency (LEP). Here, two trial consultants walk us through the issues inherent in witness preparation when your witness is not proficient in English and give strategies for sensitivity and success in witness preparation with LEP witnesses.
Revealing Juror Bias Without Biasing Your Juror: Experimental Evidence For Best Practice Survey And Voir Dire Questionsby Mykol C. Hamilton, PhD
and Kate Zephyrhawke, MA
Prospective jurors “know” the “right answer” to the questions on whether they can be fair and unbiased. But in this research, two academics show us how traditional voir dire and survey questions pose the question in a way that elicits a drastic under-reporting of individual biases. This article shows how to ask questions to help jurors acknowledge their biases (which we all have) in ways that does not shame them or make them feel like “bad people” for having biases.
by Christopher S. Peters, Ph.D.
and James Michael Lampinen, Ph.D.
As you plan the structure of your case narrative, here’s a novel idea for figuring out what prospective jurors find most intriguing about your case. These researchers used a card sort task to have jurors identify which aspects of the case they wanted to hear about first. It’s an intriguing look at case presentation planning.
by Douglas L. Keene, Ph.D.
and Rita R. Handrich, Ph.D.
13 lessons gleaned from mock jurors over more than 15 years of patent and intellectual property work. In cases involving computer hardware and software, industrial processes, mechanical devices, logos and color schemes, tag lines and slogans—jurors have told us what is important to them about disputes involving patents, copyrights, trademarks, and creativity.
by ASTC Member Trial Consultants
Like many of you, we travel all the time. And we have secrets that help us get around faster, more comfortably and tips on what to make sure and carry with you in the air, on the ground or even, underground! Thanks to the generosity of these frequent flyers—these trial […]
Note from the Editor: Jurors Researching, Schadenfreude in Court, Non-English Speaking Witnesses, and So Much More!by
As crisp fall weather comes in (finally) for some of us and snow is falling (and piling up) for others, we are happy to bring you our last issue for 2015. This is an eclectic issue with multiple articles we think you will find of interest! We start with some […]
by Renée Lettow Lerner
Are we witnessing the death of the civil jury system? Perhaps. A GWU professor lays out the case for abolishing the civil jury and Susie Macpherson (a trial consultant) and Tom Melsheimer (a litigator) respond.
by Dr. Gwladys Gilliéron, LL.M
and Yves Benda, M.Sc.
and Stanley L. Brodsky, Ph.D.
What happened in Switzerland when they abolished civil juries?
by Adam Benforado, J.D.
Do trial consultants spell the end of justice? Or the other way around? Or, perhaps, somewhere in the middle?
by L. Hailey Drescher, M.A.
An exciting new project at NYU: The Civil Jury Project. Here’s a conversation between Steve Susman and Tara Trask about the project.
by Krystia Reed, M.A.
and Brian H. Bornstein, Ph.D., MLS
How should you act differently on joinder when in a civil or criminal trial? Here’s research to aid you with two trial consultant reactions.
by Richard Gabriel
Why peremptory strikes matter and how to use them to improve jury selection.