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  • A litigator who uses probabilistic arguments to his advantage has a powerful and persuasive tool at his disposal. Even an elementary knowledge of probabilistic thinking and knowing when to and when not to employ probabilistic principles can make the difference between convincing a jury of a statement's truth versus allowing […]

    Persuading with Probability: The Prosecution of O.J. Simpson

    by Daniel J. Denis, Ph.D. A litigator who uses probabilistic arguments to his advantage has a powerful and persuasive tool at his disposal. Even an elementary knowledge of probabilistic thinking and knowing when to and when not to employ probabilistic principles can make the difference between convincing a jury of a statement's truth versus allowing […]

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  • Editor Note: As a means of illustrating specifically 'how' to prepare a witness for the 'prep' question, Bill Grimes offers this brief practice-oriented piece.  Despite the exposing of Jeff Skilling's jury consultant while he was on the stand in his 2006 Enron fraud trial,1 and a federal judge's ruling in […]

    The “Prep” Question

    by Bill Grimes Editor Note: As a means of illustrating specifically 'how' to prepare a witness for the 'prep' question, Bill Grimes offers this brief practice-oriented piece.  Despite the exposing of Jeff Skilling's jury consultant while he was on the stand in his 2006 Enron fraud trial,1 and a federal judge's ruling in […]

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  • Dueling perspectives on the prevalence of narcissism in today's youth with commentary from trial consultants.

    Narcissism in Gen Y: Is it Increasing or Not? Two opposing perspectives

    by Jean M. Twenge, Ph.D. and W. Keith Campbell, Ph.D. and Kali H. Trzesniewski, Ph.D. and M. Brent Donnellan, Ph.D. Dueling perspectives on the prevalence of narcissism in today's youth with commentary from trial consultants.

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  •          By now, the advice to “use a trial theme” is or should be familiar to any practicing litigator.  It is intuitive to discover and use a statement that unifies and embraces your view of the entire case.  But crafting the right theme involves much more than […]

    Getting Beyond the Catchy Phrase and Creating a Trial Theme that Truly Works

    by Ken Broda-Bahm, Ph.D.          By now, the advice to “use a trial theme” is or should be familiar to any practicing litigator.  It is intuitive to discover and use a statement that unifies and embraces your view of the entire case.  But crafting the right theme involves much more than […]

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