About Author: Jason Barnes, Associate Editor

Website
http://thefocalpoint.com

Posts by Jason Barnes, Associate Editor

  • 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
    Posted on April 20, 2016 | 4 Comments
    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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  • 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.
    Posted on April 20, 2016 | No Comments
    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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  • 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
    Posted on April 20, 2016 | 2 Comments
    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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  • 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.
    Posted on April 20, 2016 | No Comments
    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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  • 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.
    Posted on April 15, 2016 | 1 Comment
    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 problem of jurors researching on the internet used to be referred to as the "Google Mistrial" but now has become ubiquitous. This article describes the development of the Juror Internet Research Scale (JIRS) which is used to identify those jurors who will insist on doing research on their own despite judicial instructions to the contrary. The complete measure is presented here with scoring instructions.

    The Juror Internet Research Scale (JIRS): Identifying the Jurors Who Won’t Stay Offline

    by Alexis Knutson, M.A. and Edie Greene, Ph.D. and Robert Durham, Ph.D.
    Posted on December 1, 2015 | 10 Comments
    The problem of jurors researching on the internet used to be referred to as the "Google Mistrial" but now has become ubiquitous. This article describes the development of the Juror Internet Research Scale (JIRS) which is used to identify those jurors who will insist on doing research on their own despite judicial instructions to the contrary. The complete measure is presented here with scoring instructions.

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  • We've been discussing how to stop (or at least minimize) the number of jurors doing internet research while they are serving as jurors. Here, the idea of a "juror pledge" is presented as a way to educate jurors about why not doing research on their own is important and to, hopefully, decrease the incidence of "googling jurors". In this article, a summary of a number of conversations over the years is presented and strategies in use are described. Language is provided for a number of juror pledges being used currently with hope this strategy will take root.

    Jurors Googling & Blogging – Can a Juror Pledge Stop Them?

    by Diane Wiley
    Posted on December 1, 2015 | 3 Comments
    We've been discussing how to stop (or at least minimize) the number of jurors doing internet research while they are serving as jurors. Here, the idea of a "juror pledge" is presented as a way to educate jurors about why not doing research on their own is important and to, hopefully, decrease the incidence of "googling jurors". In this article, a summary of a number of conversations over the years is presented and strategies in use are described. Language is provided for a number of juror pledges being used currently with hope this strategy will take root.

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  • Schadenfreude, 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.

    Schadenfreude In The Courtroom: Nonobvious Pleasures at Obvious Distress

    by Adele Mantiply and Michelle A. Jones and Stanley L. Brodsky, Ph.D.
    Posted on December 1, 2015 | No Comments
    Schadenfreude, 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.

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  • As 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.

    Untying Tongues: Preparing Witnesses Who Have Limited English Proficiency (LEP)

    by Alexis Forbes, Ph.D. and Will Rountree, J.D., Ph.D.
    Posted on December 1, 2015 | 2 Comments
    As 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.

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  • Prospective jurors "know" the "right answer" to the questions on whether they can be fair and unbiased. But in this research, two academics show us how traditional voir dire and survey questions pose the question in a way that elicits a drastic under-reporting of individual biases. This article shows how to ask questions to help jurors acknowledge their biases (which we all have) in ways that does not shame them or make them feel like "bad people" for having biases.

    Revealing Juror Bias Without Biasing Your Juror: Experimental Evidence For Best Practice Survey And Voir Dire Questions

    by Mykol C. Hamilton, PhD and Kate Zephyrhawke, MA
    Posted on December 1, 2015 | 13 Comments
    Prospective jurors "know" the "right answer" to the questions on whether they can be fair and unbiased. But in this research, two academics show us how traditional voir dire and survey questions pose the question in a way that elicits a drastic under-reporting of individual biases. This article shows how to ask questions to help jurors acknowledge their biases (which we all have) in ways that does not shame them or make them feel like "bad people" for having biases.

    Continue Reading...

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