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Witness Preparation Archive
by Andrew LuttrellPosted on December 16, 2016 | 2 CommentsHere's one of those litigation advocacy secrets that we need to keep just between us.
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, BAPosted on October 13, 2016 | 3 CommentsIn 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.Posted on September 15, 2016 | 1 CommentOne 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. BatePosted on June 20, 2016 | 1 CommentThe 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 Alyssa Tedder-King, M.S. and Katie Czyz, M.A.Posted on April 25, 2016 | 3 CommentsWorking 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.Posted on April 20, 2016 | 3 CommentsIt 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 Adele Mantiply and Michelle A. Jones and Stanley L. Brodsky, Ph.D.Posted on December 1, 2015 | No CommentsSchadenfreude, 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.Posted on December 1, 2015 | 1 CommentAs 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.
by Adam Benforado, J.D.Posted on August 28, 2015 | 1 CommentDo trial consultants spell the end of justice? Or the other way around? Or, perhaps, somewhere in the middle?