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Current ContributorsRichard Gabriel
Rebecca E. Velez
Tess M.S. Neal
Margaret Bull Kovera
Claire E. Moore
Stanley L. Brodsky, Ph.D.
Mykol C. Hamilton
Rita R. Handrich
- When Should Lawyers Use Big Words? on
- Generation X members are “active, balanced and happy”. Seriously? on
- Graphics Double Comprehension on
- Graphics Double Comprehension on
- In the Mood? Strategies for Working with Depressed and/or Anxious Witnesses on
- The Ubiquitous Practice of “Prehabilitation” Leads Prospective Jurors to Conceal Their Biases on
- More Techniques for Uncovering Juror Bias before It’s Too Late on
- Making It Moral: How Morality Can Harden Attitudes and Make Them More Influential on
Trial Consultants, TV Law, and a Load of Bull
by Richard Gabriel
When people ask me whether the new CBS show “Bull,” which features a prominent trial consultant, accurately portrays the work we do, I tell them “Absolutely. We have a stylist from Vogue on staff to dress our clients, we hack into jurors’ private computers, we steal and bug the watches […]
Current Issue - Winter, 2016 Vol. 28, No. 2
by Richard GabrielPosted on December 16, 2016 | 4 CommentsRichard Gabriel continues with ways TV shows can help make us better courtroom communicators.
Juries, Witnesses, and Persuasion: A Brief Overview of the Science of Persuasion and Its Applications for Expert Witness Testimonyby Rebecca E. Velez and Tess M.S. Neal and Margaret Bull KoveraPosted on December 16, 2016 | 4 CommentsHere's a primer on persuasion--types of persuasion and how we use them presented by a group of academics and then trial consultants reactions.
by Jason BarnesPosted on December 16, 2016 | 9 CommentsJason Barnes tells us why a picture paints more memorable words.
by Andrew LuttrellPosted on December 16, 2016 | 4 CommentsHere's one of those litigation advocacy secrets that we need to keep just between us.
by Claire E. Moore and Stanley L. Brodsky, Ph.D. and David SamsPosted on December 16, 2016 | 1 CommentWe all know they are omnipresent but what do those court reporters really think and experience?
by Mykol C. Hamilton and Kate ZephyrhawkePosted on December 16, 2016 | 3 CommentsUncovering bias in change of venue surveys.
by Rita R. HandrichPosted on December 16, 2016 | No CommentsA note from the editor.
Most Recent Articles
Expressing Anger Increases Male Jurors’ Influence, but Decreases Female Jurors’ Influence, During Mock Jury Deliberationsby Jessica Salerno, Ph.D.
and Liana Peter-Hagene, MA
and Justin Sanchez, BA
In her autobiography, Justice Sonia Sotomayor highlights emotion expression as a powerful persuasion tool—an argument that dates back to the 4th century B.C.E. (Aristotle, Rhetoric). Yet, expressing emotion has not always served her well. Her minority dissent from the Supreme Court’s decision to uphold Michigan’s affirmative action ban (Schuette v. […]
by Lorie Hood, M.S.
One of the biggest challenges lawyers face is witness examination. You know your job, you have done the preparation and yet, somehow, at some point, your witness seems to transform right in front of your eyes. You know the story. Witness “X” has presented in your office as thoughtful, credible, […]
Juror Perceptions of Women as Expert Witnesses: Suggestions for the Effects of Testimony Complexity, Gender-Intrusive Questioning, and Perceived Credibilityby Brittany P. Bate
The use of expert witnesses has become commonplace within legal proceedings. As a result, research regarding how jurors perceive expert testimony has become of increasing importance. A variety of variables can influence juror perceptions of expert testimony, ranging from content-related variables (e.g., quality of the testimony, complexity of the testimony) […]
by David Barnard
and Tara Trask
Flip on the television, open the laptop or sit down around most dinner tables across the country these days, and it seems clear that we are experiencing interesting times. Americans are gravitating to grassroots, populist political movements on both sides of the traditional political divide. What the campaigns of both […]
by Alyssa Tedder-King, M.S.
and Katie Czyz, M.A.
Working with expert witnesses can be difficult for even the most seasoned attorneys and trial consultants. Oftentimes, egos and expertise can get in the way of an expert’s ability to deliver persuasive testimony, requiring attorneys and trial consultants to be creative when developing solutions that fit both the problem and […]
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 […]
by Rita R. Handrich, Ph.D.
While 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.
In 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.