Vol. 28/No. 1 Spring 2016 Archive

  • 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. […]

    Expressing Anger Increases Male Jurors’ Influence, but Decreases Female Jurors’ Influence, During Mock Jury Deliberations

    by 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. […]

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  • 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, […]

    Understanding the Traumatized Witness

    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, […]

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  • 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) […]

    Juror Perceptions of Women as Expert Witnesses: Suggestions for the Effects of Testimony Complexity, Gender-Intrusive Questioning, and Perceived Credibility

    by 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) […]

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  • 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 […]

    Citizen Juror:  Justice Sotomayor and Steve Susman Discuss Why Jury Duty Matters

    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 […]

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  • 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 […]

    Tips for Preparing the Expert Witness

    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 […]

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  • 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 […]

    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 […]

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  • Every year we identify the top 10 articles chosen by our readers as most interesting in the calendar year. This year these articles are our top ten. Have you missed any of them? This is your chance to catch up! Does Deposition Video Camera Angle Affect Witness Credibility? By Chris […]

    Top 10 Most Accessed Articles of 2015

    by The TJE Editorial Staff Every year we identify the top 10 articles chosen by our readers as most interesting in the calendar year. This year these articles are our top ten. Have you missed any of them? This is your chance to catch up! Does Deposition Video Camera Angle Affect Witness Credibility? By Chris […]

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  • 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), […]

    Favorite Thing: Civil Jury Project

    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), […]

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  • 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. […]

    Note from the Editor, Spring 2016

    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. […]

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