Vol. 22/No. 2 March 2010 Archive

  • The 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 […]

    The Rules Don’t Apply to Me

    by Beth Foley The 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 […]

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  • In 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 […]

    East Texas Jurors and Patent Litigation

    by Julie Blackman, Ph.D. and Ellen Brickman, Ph.D. and Corinne Brenner In 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 […]

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  • Despite 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 […]

    Unintended Consequences of Toying with Jurors’ Emotions: The Impact of Disturbing Emotional Evidence on Jurors’ Verdicts

    by Jessica M. Salerno and Bette L. Bottoms, Ph.D. Despite 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 […]

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  • "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 […]

    The Use of Technology to Enhance Communication Strategies in Litigation

    by Susan Pennebaker, J.D. "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 […]

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  • We 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 […]

    Goals of Witness Preparation: From a Trial Consultant’s Point of View

    by Katherine James We 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 […]

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  • "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 […]

    Panic Over the Unknown: America Hates Atheists

    by Douglas L. Keene, Ph.D. and Rita R. Handrich, Ph.D. "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 […]

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  • I. 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 […]

    Without Bias: How Attorneys Can Use the Right to Present a Defense to Allow for Jury Impeachment Regarding Juror Racial, Religious, or Other Bias

    by Colin Miller, J.D. I. 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 […]

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  • Every 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, […]

    March 2010 Favorite Thing

    by The Jury Expert Every 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, […]

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  • Welcome 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 […]

    A note from the Editor

    by Rita Handrich, Editor Welcome 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 […]

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  • The 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 […]

    ASTC 2010 Conference

    by ASTC Office The 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 […]

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