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Vol. 22/No. 2 March 2010 Archive
by Beth FoleyPosted on March 1, 2010 | 4 CommentsThe Rules Don't Apply to Me Beth Foley Americans have been bombarded with examples of powerful people acting like the rules don't apply to them. From governors to corporate executives to athletes–there seems to be a new example of poor judgment every week. Is there an upward trend in...
by Julie Blackman, Ph.D. and Ellen Brickman, Ph.D. and Corinne BrennerPosted on March 1, 2010 | No CommentsIn the past ten years, the Eastern District of Texas has become a wildly popular venue for plaintiffs in patent cases. This has been attributed to a number of factors including judicial expertise, plaintiff-friendly local rules, speedy dispositions and jurors who are predisposed to find for plaintiffs and award large...
Unintended Consequences of Toying with Jurors’ Emotions: The Impact of Disturbing Emotional Evidence on Jurors’ Verdictsby Jessica M. Salerno and Bette L. Bottoms, Ph.D.Posted on March 1, 2010 | 2 CommentsDespite the legal system's conventional story that our judicial process is devoid of emotions and based on pure reason (Bandes, 1999), attorneys have intuited the role of emotion in jurors' verdict decisions. Attorneys attempt to elicit emotions in jurors during opening and closing statements, or through the use of emotionally...
by Susan Pennebaker, J.D.Posted on March 1, 2010 | 2 Comments"We test communication by conveying a message and having the recipient understand it, be interested in it and remember it. Any other measure is unimportant." – Richard Saul Wurman, Information Anxiety, 1990 The Urgency of Now When an important event happens anywhere in the world today, the speed...
by Katherine JamesPosted on March 1, 2010 | 1 CommentWe love answering the questions that our readers have about our work. This article is written as an answer to one reader's question. Reader Question: "When trial consultants work on witness preparation, what are the goals they seek and how do they work to attain those goals?" Let me...
by Douglas L. Keene, Ph.D. and Rita R. Handrich, Ph.D.Posted on March 1, 2010 | 17 Comments"If 'Guess Who's Coming to Dinner' was remade today, the 'shocking' guest would no longer be a highly accomplished, educated and sophisticated black man (Sidney Poitier) but a highly accomplished, educated and sophisticated atheist."1 "The prisons are probably filled with people who don't have any kind of a spiritual or...
Without Bias: How Attorneys Can Use the Right to Present a Defense to Allow for Jury Impeachment Regarding Juror Racial, Religious, or Other Biasby Colin Miller, J.D.Posted on March 1, 2010 | No CommentsI. THE APPLICATION OF RULE 606(b) TO ALLEGATIONS OF JUROR BIAS A jury convicted African-American Roland William Steele of three counts of first-degree murder and related charges after he allegedly killed three Caucasian women. The Supreme Court of Pennsylvania later upheld Steele's conviction despite the declaration of a...
by The Jury ExpertPosted on March 1, 2010 | No CommentsEvery issue we tuck in a "Favorite Thing" from an ASTC member. A favorite thing is something freely available on the internet, useful for litigators, and generally speaking, quite cool. This month's Favorite Thing comes from Ted Brooks. Ted Brooks is a Trial Presentation Consultant and President of Litigation-Tech LLC,...
by Rita Handrich, EditorPosted on March 1, 2010 | No CommentsWelcome to our March 2010 issue of The Jury Expert! Once again, we have diverse and provocative offerings for you. Whether you flip first to our article on apology, choose to travel to East Texas, or ponder the impact of emotional evidence, see just how informative and persuasive visual communication...
by ASTC OfficePosted on March 1, 2010 | No CommentsThe American Society of Trial Consultant's Annual Conference for 2010! Minneapolis, Minnesota June 17-20, 2010 Come to beautiful downtown Minneapolis the weekend of June 17-20, 2010 for ASTC's 2010 annual conference and 'Perfect Your Game'. Come hear what our experts (many of whom have written for The Jury Expert) have...