Recently in Juries Category

This post was written by Rita Handrich: "We're always on the lookout for research findings that can give us an edge when it comes to jury selection. These sorts of findings are often counter-intuitive and not the sort of thing you would figure out on your own. As a public service (and because it's sort of fun) we present the latest of our research scavenging..."

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Source: The Jury Room, 30 August 2010. Reproduced with permission of Douglas Keene.

This post was written by StephanieWestAllen: "Excerpt:

There are all kinds of ways to make memories that people will not forget. The most effective techniques result in the judge and jury seeing your facts, either literally or figuratively. The point of making memories is to make the judge and jury become "eyewitnesses" to your case.

Demonstrative evidence helps, but it also is your job as an advocate to use the spoken word--mere transitory sounds--to form indelible impressions.

Painting a vivid word picture is one of the most important trial techniques a lawyer can learn..."

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Source: idealawg, 17 August 2010, reproduced with permission of the author.

This post was written by Douglas Keene: "Or so we believe. We've written about beliefs in our individual ability to detect deception a number of times. The truth is, our ability to detect deception is often less than that of chance alone. But that doesn't inhibit our wish to imagine great skill in detection.  Even when we experience lies big and small--right to our faces--on a regular basis, we still want to believe we have nearly magical ability to spot it.  If this delusion wasn't so dangerous it would be somehow funny or sad.  But in fact it is hazardous to justice..."

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Source: The Jury Room, 30 July 2010. Reproduced with permission of Douglas Keene.

This post was written by Jackson and Wilson, Inc.: "Coming across as perfect or trying to appear as though you have no faults is a big mistake when getting to know your jury and eventually trying a case.

The fact of the matter is that jurors are already hesitant to like lawyers. Self-centered trial attorneys who think and act as if they are perfect and the world revolves around them will quickly make twelve enemies before the first day of trial is concluded.

If you want to be a successful trial lawyer, here's my big secret...

Be the imperfect you!..."

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Source: TrialPracticeTips.com, 9 June 1020, reproduced with permission of the author.

This post was written by Mark Bennett: "It doesn't matter who asks them--defense lawyers, prosecutors, cops--or whom they are asked--witnesses, the jurors themselves, defendants--jurors don't like trick questions. Getting caught asking a trick question lessens the questioner's credibility.

...Defense lawyers sometimes, in desperation, ask witnesses trick questions. Because if--as occasionally happens--there is no way the facts support any truth that helps the accused, we have to do something to stir up doubt. (I don't think I'm giving away any trade secrets here.) Jurors don't like trick questions, and when they catch you asking one (which they usually do) they're unimpressed.

Prosecutors almost always ask potential jurors trick questions..."

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Source: Defending People, 2 July 2010. © 2010 Defending People, reproduced with permission of the author

This post was written by Rita Handrich: "We invest a lot of effort to believe we are safe. We see it in mock jurors routinely. They find ways to question the actions of injured parties not realizing (or simply not admitting) that we see things differently when we know the outcome than we do in the moment. It's called hindsight bias. It's one of the most common thinking styles we see in pre-trial research. But these sorts of erroneous, "I am really safe" thinking errors certainly would not happen to those confronted with life and death decisions every day!..."

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Source: The Jury Room, 5 July 2010. Reproduced with permission of Douglas Keene.

This post was written by Rita Handrich: "For some time now, there have been concerns about the CSI Effect on our juries. In short, this is a belief/fear that potential jurors who watch television shows such as the CSI franchise will presume real labs can produce the same sort of evidence--and anything that falls short of that causes reasonable doubt. Litigators have lived in fear of the CSI Effect despite rising evidence it may actually be an urban (and rural!) litigation myth.

In fact, a recent study shows us that there may well be decreasing trust in the institution of science in this country. Miller-McCune is a terrific publication. Recently, they describe an ESP study with findings that may surprise you.

"Newly published research on belief in ESP suggests a public disregard for -- and perhaps even hostility toward -- the scientific consensus."

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Source: The Jury Room, 11 June 2010. Reproduced with permission of Douglas Keene.

This posted was written by Chuck Kallendorf: "The Ohio Supreme Court made note this afternoon that the Ohio State Bar Association Jury Instructions Committee this week approved a new jury instruction to limit access to news media while Ohioans serve on juries.

"The new instruction advises jurors not to obtain any information about a criminal or civil trial from outside sources such as Twitter, Facebook, YouTube or their iPhone while serving on a jury. Before a trial begins, jurors are warned to refrain from discussing a case and seeking outside information about a case and to limit their knowledge about the facts of the case to what is presented in court."

Ohio State Bar Association announcement
New Instructions

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Source: Hamilton County Law Library Blog, 26 May 2010. Reproduced with permission.

Post was written by Rita Handrich: "Robert Cialdini is perhaps the most well-known voice of persuasion. He knows how it's done and how to do it right. He also has a sense of humor and we like that. He explains how Luke Skywalker turned Darth Vader from the pursuit of evil through the use of 'social labeling technique'.

Luke Skywalker: I've accepted the truth that you were once Anakin Skywalker, my father.

Darth Vader: That name no longer has any meaning for me!

Luke Skywalker: It is the name of your true self. You've only forgotten. I know there is good in you.

In brief, you assign a label to a person and then make a request of them consistent with that trait..."

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Source: The Jury Room, 14 May 2010. Reproduced with permission of Douglas Keene.

This post was written by Rita Handrich: "We've talked before about the importance of teaching jurors how to deliberate and here's another take on that same topic. The always excellent Research Digest Blog recently did a post on the importance of NOT starting group discussions by sharing initial preferences. In brief, what they say is that doing a straw poll on preferences at the start of group discussion shuts down the following discussion. We simply do not pay attention to the novel information others may share once we have expressed our own preferences..."

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Source: The Jury Room, 26 April 2010. Reproduced with permission of Douglas Keene.