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Vol. 22/No. 3 May 2010 Archive
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![INTRODUCTION Some members of the trial bar have taken a keen interest in a model of trial advocacy that features manipulating jurors by fostering fear. What is this model? It claims you can predictably win a trial by speaking to, and scaring, the primitive part of jurors' brains, the part […]](https://www.thejuryexpert.com/wp-content/uploads/2011/01/allen-storybook-201x130.jpg "Atticus Finch Would Not Approve: Why a Courtroom Full of Reptiles Is a Bad Idea")
Atticus Finch Would Not Approve: Why a Courtroom Full of Reptiles Is a Bad Idea
by Stephanie West Allen, J.D. and Jeffrey M. Schwartz, M.D. and Diane Wyzga, R.N., J.D.Posted on May 1, 2010 | 32 CommentsINTRODUCTION Some members of the trial bar have taken a keen interest in a model of trial advocacy that features manipulating jurors by fostering fear. What is this model? It claims you can predictably win a trial by speaking to, and scaring, the primitive part of jurors' brains, the part […] -
![Is your race-neutral explanation enough to survive a Batson challenge? In February, the Supreme Court handed down its decision in the case of Thaler v. Haynes, the latest in a string of cases originating with Batson v. Kentucky in 1986. In Batson, the Court outlawed the use of race-based peremptory […]](https://www.thejuryexpert.com/wp-content/uploads/2011/01/batson_illustration_300-201x130.jpg "The Shrinking Strike Zone: Avoiding Problems During Jury Selection in the Age of Batson")
The Shrinking Strike Zone: Avoiding Problems During Jury Selection in the Age of Batson
by Sean Overland, Ph.D.Posted on May 1, 2010 | 3 CommentsIs your race-neutral explanation enough to survive a Batson challenge? In February, the Supreme Court handed down its decision in the case of Thaler v. Haynes, the latest in a string of cases originating with Batson v. Kentucky in 1986. In Batson, the Court outlawed the use of race-based peremptory […] -
![Jurors these days seem to make news almost as much for their misbehavior as for the decisions they make. First, there are a multitude of stories about jurors who refuse to follow the rules and use Google to satisfy their curiosity or hop on Facebook to share their opinions with […]](https://www.thejuryexpert.com/wp-content/uploads/2011/01/renaud-jury-deliberation-201x130.jpg "The Biggest Bully In the Room")
The Biggest Bully In the Room
by Trisha RenaudPosted on May 1, 2010 | 13 CommentsJurors these days seem to make news almost as much for their misbehavior as for the decisions they make. First, there are a multitude of stories about jurors who refuse to follow the rules and use Google to satisfy their curiosity or hop on Facebook to share their opinions with […] -
![In covering the infamous Duke lacrosse case, journalists received enormous criticism for the way they allegedly convicted the defendants in the press. Yet the practice is hardly unusual. Standard media routines and practices often contribute to undermining the presumption of innocence, particularly with high profile crimes. Still, in other respects […]](https://www.thejuryexpert.com/wp-content/uploads/2011/01/entman-duke-lacrosse-201x130.jpg "Less Bad News: What Defense Advocates Can Learn from the Duke Lacrosse Case")
Less Bad News: What Defense Advocates Can Learn from the Duke Lacrosse Case
by Robert M. Entman, Ph.D. and Kimberly A. Gross, Ph.D.Posted on May 1, 2010 | No CommentsIn covering the infamous Duke lacrosse case, journalists received enormous criticism for the way they allegedly convicted the defendants in the press. Yet the practice is hardly unusual. Standard media routines and practices often contribute to undermining the presumption of innocence, particularly with high profile crimes. Still, in other respects […] -
![During a recent visit to the Supreme Court I was fortunate enough to witness Justice Breyer grabbing breakfast from the Court's cafeteria. He moved quietly through the public who largely remained unaware of his presence except for the handful of law students and Court watchers who gawked at his arrival. […]](https://www.thejuryexpert.com/wp-content/uploads/2011/01/malphurs-supreme-court-201x130.jpg "Beneath the Robes and Behind Closed Doors: Why Supreme Court Justices Behave as Jurors")
Beneath the Robes and Behind Closed Doors: Why Supreme Court Justices Behave as Jurors
by Ryan A. Malphurs, Ph.D.Posted on May 1, 2010 | 2 CommentsDuring a recent visit to the Supreme Court I was fortunate enough to witness Justice Breyer grabbing breakfast from the Court's cafeteria. He moved quietly through the public who largely remained unaware of his presence except for the handful of law students and Court watchers who gawked at his arrival. […] -
![Historically, Jury Size Mattered The right to trial by jury resides deep in the American psyche. It ranks right up there with Mom, apple pie, and the First Amendment. Indeed, a 2006 survey found that more than half of Americans thought the right to jury trials was found in the […]](https://www.thejuryexpert.com/wp-content/uploads/2011/01/holmquist-6-chairs-201x130.jpg "Does Jury Size Still Matter? An Open Question")
Does Jury Size Still Matter? An Open Question
by Jill P. Holmquist, J.D.Posted on May 1, 2010 | 1 CommentHistorically, Jury Size Mattered The right to trial by jury resides deep in the American psyche. It ranks right up there with Mom, apple pie, and the First Amendment. Indeed, a 2006 survey found that more than half of Americans thought the right to jury trials was found in the […] -
![Twenty-three hundred years ago in Rhetoric, Aristotle wrote that persuasive speech was dependent on three variables: the speaker, the subject matter, and the listener. More specifically, Aristotle taught us that three key issues impact persuasiveness; the character of the speaker or Ethos, the veracity of the argument itself, Logos, and […]](https://www.thejuryexpert.com/wp-content/uploads/2011/01/perkel-scalia-200x130.jpg "If They Don’t Like You They Won’t Hear You: An Essay on Persuasive Communication")
If They Don’t Like You They Won’t Hear You: An Essay on Persuasive Communication
by Steven E. Perkel, DSW, LCSWPosted on May 1, 2010 | 3 CommentsTwenty-three hundred years ago in Rhetoric, Aristotle wrote that persuasive speech was dependent on three variables: the speaker, the subject matter, and the listener. More specifically, Aristotle taught us that three key issues impact persuasiveness; the character of the speaker or Ethos, the veracity of the argument itself, Logos, and […] -
![Editor’s Note Welcome to the May 2010 issue of The Jury Expert! It’s spring (although in Texas it definitely feels like summer)! This issue we have reptiles in the courtroom (and in a departure from tradition, we have four trial lawyers responding to the article rather than trial consultants); […]](https://www.thejuryexpert.com/wp-content/uploads/tje4-201x123.png "Editor’s Note")
Editor’s Note
by Rita Handrich, EditorPosted on May 1, 2010 | No CommentsEditor’s Note Welcome to the May 2010 issue of The Jury Expert! It’s spring (although in Texas it definitely feels like summer)! This issue we have reptiles in the courtroom (and in a departure from tradition, we have four trial lawyers responding to the article rather than trial consultants); […] -
![Jill D. Schmid, Ph.D., a consultant with Tsongas Litigation Consulting, specializes in the creation and implementation of effective communication strategies, and the design and analysis of research for complex, civil litigation nationwide. My new favorite thing (along with millions of others) is my iPad. It means I don't have to […]](https://www.thejuryexpert.com/wp-content/uploads/favorite-thing-ipad-201x130.png "May 2010′s Favorite Thing(s)")
May 2010′s Favorite Thing(s)
by The Jury ExpertPosted on May 1, 2010 | No CommentsJill D. Schmid, Ph.D., a consultant with Tsongas Litigation Consulting, specializes in the creation and implementation of effective communication strategies, and the design and analysis of research for complex, civil litigation nationwide. My new favorite thing (along with millions of others) is my iPad. It means I don't have to […] -
![Membership in the American Society of Trial Consultants gives access to a collegial email list where members are able to ask questions and share experiences. This week a discussion began on rural courthouses without metal detectors even in this post 9-11 era. As members began to share their experiences in […]](https://www.thejuryexpert.com/wp-content/uploads/2011/01/rural-Milam-Courthouse-201x130.jpg "Courtroom Nostalgia: The Rural American Courthouse")
Courtroom Nostalgia: The Rural American Courthouse
by American Society of Trial Consultants membersPosted on May 1, 2010 | No CommentsMembership in the American Society of Trial Consultants gives access to a collegial email list where members are able to ask questions and share experiences. This week a discussion began on rural courthouses without metal detectors even in this post 9-11 era. As members began to share their experiences in […]