Vol. 25/No. 4 August 2013 Archive

  • The digital version of The Jury Expert has been successful beyond our expectations. That was not always the case. When the print version of The Jury Expert was discontinued in 2007, we had fewer than 500 subscribers. The publication is very different now but what we’ve noticed is that an […]

    Classics: Everything Old Is New Again

    by Rita R. Handrich, PhD The digital version of The Jury Expert has been successful beyond our expectations. That was not always the case. When the print version of The Jury Expert was discontinued in 2007, we had fewer than 500 subscribers. The publication is very different now but what we’ve noticed is that an […]

    Continue Reading...

  • All potential jurors have biases and prejudices. Individual bias stems from all we experience, and shapes the perceptions we, as jurors, have of evidence. These perceptions can certainly influence final jury verdicts.[1] Identifying juror bias is critical. Yet, “the detection of juror bias is a serious challenge in contemporary jury […]

    Strategies for More Effective Voir Dire

    by Ronald J. Matlon, Ph.D. All potential jurors have biases and prejudices. Individual bias stems from all we experience, and shapes the perceptions we, as jurors, have of evidence. These perceptions can certainly influence final jury verdicts.[1] Identifying juror bias is critical. Yet, “the detection of juror bias is a serious challenge in contemporary jury […]

    Continue Reading...

  • This scenario happens at some point in nearly every voir dire. First, a juror reveals a bias for or against one of the parties. Juror: I just really don’t trust big companies. What with all the media stories and all the scandals, well, I just think that they are in […]

    Getting Beyond “Can You Be Fair?”: Framing Your Cause Questions

    by Ken Broda-Bahm, Ph.D. This scenario happens at some point in nearly every voir dire. First, a juror reveals a bias for or against one of the parties. Juror: I just really don’t trust big companies. What with all the media stories and all the scandals, well, I just think that they are in […]

    Continue Reading...

  • When it comes to pitching the use of trial graphics, there’s not much out there that gets more play than the well-known 3M Study.[1] The 1986 study sponsored by 3M and conducted at the University of Minnesota proclaimed in bold letters on the first page of the published paper that […]

    Time to Rethink 3M?

    by Laura Rochelois When it comes to pitching the use of trial graphics, there’s not much out there that gets more play than the well-known 3M Study.[1] The 1986 study sponsored by 3M and conducted at the University of Minnesota proclaimed in bold letters on the first page of the published paper that […]

    Continue Reading...

  • Why focus groups? Properly conducted focus groups are extremely useful in getting reactions to a wide array of aspects of the case. While it is not prudent to expect that the “verdict” of a small group research project will be repeated at trial, it is very likely that the same […]

    The “Why” and “How” of Focus Group Research

    by Douglas Keene, Ph.D. Why focus groups? Properly conducted focus groups are extremely useful in getting reactions to a wide array of aspects of the case. While it is not prudent to expect that the “verdict” of a small group research project will be repeated at trial, it is very likely that the same […]

    Continue Reading...

  • The Problem Human beings, especially jurors, like to believe they can prevent bad things from happening if they do the right thing. As a result, when something bad occurs, jurors find it comforting to assume, with the benefit of hindsight, that someone did the wrong thing and that they (the […]

    Managing Hindsight Bias

    by Merrie Jo Pitera, Ph.D The Problem Human beings, especially jurors, like to believe they can prevent bad things from happening if they do the right thing. As a result, when something bad occurs, jurors find it comforting to assume, with the benefit of hindsight, that someone did the wrong thing and that they (the […]

    Continue Reading...

  • It’s time for voir dire, but is anybody listening? Are jurors listening to attorneys? Are attorneys listening to jurors? More often than not the answer is no. Regardless of case type or jurisdiction, jurors are checking out. Their attention spans are flat-lining during a crucial phase of trial – voir […]

    Knowing When and How to Indoctrinate

    by Alan Tuerkheimer, M.A., J.D. It’s time for voir dire, but is anybody listening? Are jurors listening to attorneys? Are attorneys listening to jurors? More often than not the answer is no. Regardless of case type or jurisdiction, jurors are checking out. Their attention spans are flat-lining during a crucial phase of trial – voir […]

    Continue Reading...

  • Videos from the ABA’s 2012 National Symposium of the American Jury System: The Optimal Jury Trial are now available for viewing on line. http://www.americanbar.org/groups/justice_center/american_jury.html The symposium included panels on jury size and jury selection, jurors asking questions, giving preliminary jury instructions on the law, allowing attorneys to make interim statements […]

    Favorite Thing: American Jury System- The Optimal Jury Trial Videos

    by ASTC Member Trial Consultants Videos from the ABA’s 2012 National Symposium of the American Jury System: The Optimal Jury Trial are now available for viewing on line. http://www.americanbar.org/groups/justice_center/american_jury.html The symposium included panels on jury size and jury selection, jurors asking questions, giving preliminary jury instructions on the law, allowing attorneys to make interim statements […]

    Continue Reading...

  • Law versus justice, dead ex-witnesses, and everything old is new again! Summer is always hot here in the Texas Hill Country but this summer has had added heat from media coverage of a number of very hot trials. The George Zimmerman trial for second degree murder resulted in acquittal, shocking […]

    Note from the Editor

    by Rita R. Handrich, PhD Law versus justice, dead ex-witnesses, and everything old is new again! Summer is always hot here in the Texas Hill Country but this summer has had added heat from media coverage of a number of very hot trials. The George Zimmerman trial for second degree murder resulted in acquittal, shocking […]

    Continue Reading...