Vol. 22/No. 4 July 2010 Archive

  • Ten years ago, my colleague, Phoebe Ellsworth, and I published two articles describing the influence of a criminal defendant's race on jurors' decision-making (Sommers & Ellsworth, 2000; 2001). These papers were based on experimental simulations in which we asked mock jurors to read and evaluate trial summaries. In one version […]

    What We Do (and Don’t) Know about Race and Jurors

    by Samuel R. Sommers, Ph.D. Ten years ago, my colleague, Phoebe Ellsworth, and I published two articles describing the influence of a criminal defendant's race on jurors' decision-making (Sommers & Ellsworth, 2000; 2001). These papers were based on experimental simulations in which we asked mock jurors to read and evaluate trial summaries. In one version […]

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  • For most technology, pharmaceutical and healthcare firms, patents and copyrights are the direct result of their research and development efforts and are vital to their revenues. The stock performance of these companies can be directly linked to the quality of their intellectual property portfolio (Dang, Lev, & Darin, 1999). To […]

    Wall Street’s Reaction to Jury Verdicts Involving Publicly-Traded Litigants

    by Eric Rudich, Ph.D. For most technology, pharmaceutical and healthcare firms, patents and copyrights are the direct result of their research and development efforts and are vital to their revenues. The stock performance of these companies can be directly linked to the quality of their intellectual property portfolio (Dang, Lev, & Darin, 1999). To […]

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  • In our quest to perfect our trial skills and improve outcomes, lawyers and trial consultants have, for at least 30 years, turned to science. Our understanding of it is incomplete and our implementation imperfect, yet we make progress. But sometimes our incomplete knowledge does a disservice, as does the treatment […]

    The Reptile Brain, Mammal Heart and (Sometimes Perplexing) Mind of the Juror: Toward a Triune Trial Strategy

    by Jill P. Holmquist, J.D. In our quest to perfect our trial skills and improve outcomes, lawyers and trial consultants have, for at least 30 years, turned to science. Our understanding of it is incomplete and our implementation imperfect, yet we make progress. But sometimes our incomplete knowledge does a disservice, as does the treatment […]

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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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  • See the follow-up to this article: Between Coddling and Contempt: Managing and Mentoring Millennials in the September 2010 issue of The Jury Expert.    For Baby Boomers, the don't-trust-anyone-over-30 lyrics to "My Generation" by Pete Townshend of The Who (1965) bespoke the generation gap. Pete wrote these lyrics at the […]

    Tattoos, Tolerance, Technology, and TMI: Welcome to the land of the Millennials (aka Generation Y)

    by Douglas L. Keene, Ph.D. and Rita Handrich, Ph.D. See the follow-up to this article: Between Coddling and Contempt: Managing and Mentoring Millennials in the September 2010 issue of The Jury Expert.    For Baby Boomers, the don't-trust-anyone-over-30 lyrics to "My Generation" by Pete Townshend of The Who (1965) bespoke the generation gap. Pete wrote these lyrics at the […]

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  • Psychologists define white guilt as the dejection or compunction that Whites feel when they witness a discriminatory act or observe the consequences of a racist act (Steele, 1990). White guilt manifests itself in common settings and every day interpersonal encounters. Feelings of white guilt may arise from the simplest realizations […]

    The Convoluted Spectrum of White Guilt Reactions: A Review of Emerging Literature

    by Alexis Robinson Psychologists define white guilt as the dejection or compunction that Whites feel when they witness a discriminatory act or observe the consequences of a racist act (Steele, 1990). White guilt manifests itself in common settings and every day interpersonal encounters. Feelings of white guilt may arise from the simplest realizations […]

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  • Presumed Prejudice, Actual Prejudice, No Prejudice: Skilling v. U.S. Thaddeus Hoffmeister1 Thaddeus Hoffmeister is an Associate Professor at the University of Dayton School of Law. He primarily teaches in the areas of criminal law. The focus of his research includes petit juries, grand juries and National Security law. Besides teaching, […]

    Presumed Prejudice, Actual Prejudice, No Prejudice: Skilling v. U.S.

    by Thaddeus Hoffmeister, J.D. Presumed Prejudice, Actual Prejudice, No Prejudice: Skilling v. U.S. Thaddeus Hoffmeister1 Thaddeus Hoffmeister is an Associate Professor at the University of Dayton School of Law. He primarily teaches in the areas of criminal law. The focus of his research includes petit juries, grand juries and National Security law. Besides teaching, […]

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  • "The law is reason, free from passion." Aristotle's declaration continues to guide the philosophy of our legal system, and it is expected a jury will weigh all evidence equally and without bias before rendering a verdict. However, emotions are intertwined with any human enterprise, particularly decision-making (Forgas, 1995; Kuvaas & […]

    Emotions in the courtroom: “Need for affect” in juror decision-making

    by Desirée Adams and Emily Patty "The law is reason, free from passion." Aristotle's declaration continues to guide the philosophy of our legal system, and it is expected a jury will weigh all evidence equally and without bias before rendering a verdict. However, emotions are intertwined with any human enterprise, particularly decision-making (Forgas, 1995; Kuvaas & […]

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  • It's the dog days of summer here in the heart of Texas but this issue is sure to keep you glued to your computer screen! Once again, we have a variety of pieces that are thought-provoking and provocative but also carefully researched and written. To start us off, Sam Sommers […]

    Editor’s Note

    by Rita Handrich, Editor It's the dog days of summer here in the heart of Texas but this issue is sure to keep you glued to your computer screen! Once again, we have a variety of pieces that are thought-provoking and provocative but also carefully researched and written. To start us off, Sam Sommers […]

    Continue Reading...