Persuasion Archive

  • 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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  • INTRODUCTION Some members of the trial bar have taken a keen interest in a model of trial advocacy that features manipulating jurors by fostering fear. What is this model? It claims you can predictably win a trial by speaking to, and scaring, the primitive part of jurors' brains, the part […]

    Atticus Finch Would Not Approve: Why a Courtroom Full of Reptiles Is a Bad Idea

    by Stephanie West Allen, J.D. and Jeffrey M. Schwartz, M.D. and Diane Wyzga, R.N., J.D. INTRODUCTION Some members of the trial bar have taken a keen interest in a model of trial advocacy that features manipulating jurors by fostering fear. What is this model? It claims you can predictably win a trial by speaking to, and scaring, the primitive part of jurors' brains, the part […]

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  • In covering the infamous Duke lacrosse case, journalists received enormous criticism for the way they allegedly convicted the defendants in the press. Yet the practice is hardly unusual. Standard media routines and practices often contribute to undermining the presumption of innocence, particularly with high profile crimes. Still, in other respects […]

    Less Bad News: What Defense Advocates Can Learn from the Duke Lacrosse Case

    by Robert M. Entman, Ph.D. and Kimberly A. Gross, Ph.D. In covering the infamous Duke lacrosse case, journalists received enormous criticism for the way they allegedly convicted the defendants in the press. Yet the practice is hardly unusual. Standard media routines and practices often contribute to undermining the presumption of innocence, particularly with high profile crimes. Still, in other respects […]

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  • Historically, Jury Size Mattered The right to trial by jury resides deep in the American psyche. It ranks right up there with Mom, apple pie, and the First Amendment. Indeed, a 2006 survey found that more than half of Americans thought the right to jury trials was found in the […]

    Does Jury Size Still Matter? An Open Question

    by Jill P. Holmquist, J.D. Historically, Jury Size Mattered The right to trial by jury resides deep in the American psyche. It ranks right up there with Mom, apple pie, and the First Amendment. Indeed, a 2006 survey found that more than half of Americans thought the right to jury trials was found in the […]

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  • Twenty-three hundred years ago in Rhetoric, Aristotle wrote that persuasive speech was dependent on three variables: the speaker, the subject matter, and the listener. More specifically, Aristotle taught us that three key issues impact persuasiveness; the character of the speaker or Ethos, the veracity of the argument itself, Logos, and […]

    If They Don’t Like You They Won’t Hear You: An Essay on Persuasive Communication

    by Steven E. Perkel, DSW, LCSW Twenty-three hundred years ago in Rhetoric, Aristotle wrote that persuasive speech was dependent on three variables: the speaker, the subject matter, and the listener. More specifically, Aristotle taught us that three key issues impact persuasiveness; the character of the speaker or Ethos, the veracity of the argument itself, Logos, and […]

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  • The Rules Don't Apply to Me Beth Foley   Americans have been bombarded with examples of powerful people acting like the rules don't apply to them. From governors to corporate executives to athletes–there seems to be a new example of poor judgment every week. Is there an upward trend in […]

    The Rules Don’t Apply to Me

    by Beth Foley The Rules Don't Apply to Me Beth Foley   Americans have been bombarded with examples of powerful people acting like the rules don't apply to them. From governors to corporate executives to athletes–there seems to be a new example of poor judgment every week. Is there an upward trend in […]

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  • Dilemma: a situation in which a difficult choice has to be made between two or more alternatives, especially undesirable ones. (Oxford American Dictionaries)   In every serious injury or death case, defense counsel faces the dilemma of whether, and how, to confront the issue of damages. Talking to the jury […]

    Damages: The Defense Attorney’s Dilemma

    by Jeri Kagel Dilemma: a situation in which a difficult choice has to be made between two or more alternatives, especially undesirable ones. (Oxford American Dictionaries)   In every serious injury or death case, defense counsel faces the dilemma of whether, and how, to confront the issue of damages. Talking to the jury […]

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  • In 1995, Dr. Suzanna Gratia-Hupp testified that her inability to legally carry a handgun prevented her from stopping a 1991 Killen, Texas restaurant massacre. Dr. Gratia-Hupp had a 38 SPL Smith handgun in her car and pointed that out to legislators after the murders shook the state of Texas. Her […]

    Will It Hurt Me In Court? Weapons Issues and the Fears of the Legally Armed Citizen

    by Glenn E. Meyer, Ph.D. In 1995, Dr. Suzanna Gratia-Hupp testified that her inability to legally carry a handgun prevented her from stopping a 1991 Killen, Texas restaurant massacre. Dr. Gratia-Hupp had a 38 SPL Smith handgun in her car and pointed that out to legislators after the murders shook the state of Texas. Her […]

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  • Let’s take another look at a central tenet of our legal system: that people are going to tell us the truth and, if they are not, that we can catch them at it. Research has been available for a decade that belies that basic notion. The basic research finding is that deceptive behavior […]

    Deception: “Do You Swear to Tell the Whole Truth and Nothing But the Truth, So Help You God?”

    by Andrew Sheldon, J.D., Ph.D. Let’s take another look at a central tenet of our legal system: that people are going to tell us the truth and, if they are not, that we can catch them at it. Research has been available for a decade that belies that basic notion. The basic research finding is that deceptive behavior […]

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  • California voters’ recent passage of Proposition 8, which “re-banned” same-sex marriage in the state, and the success of similar anti-gay marriage laws across the country, has prompted some observers to comment that “gay is the new black.”  In other words, while overt, anti-black sentiment has been largely relegated to the […]

    Strategies for Combating Anti-Gay Sentiment in the Courtroom

    by Sean Overland, Ph.D. California voters’ recent passage of Proposition 8, which “re-banned” same-sex marriage in the state, and the success of similar anti-gay marriage laws across the country, has prompted some observers to comment that “gay is the new black.”  In other words, while overt, anti-black sentiment has been largely relegated to the […]

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