Research Archive

  • Despite the canon that trials are to be heard by fair and impartial juries, social science research and practical experience teaches us that jurors will often harbor their own biases, and utilize these biases in their decision-making.  Jurors enter the courtroom possessing a multitude of life experiences that may exert […]

    Terror Management Theory and Jury Decision-Making

    by Joel D. Lieberman, Ph.D. and Jamie Arndt, Ph.D. Despite the canon that trials are to be heard by fair and impartial juries, social science research and practical experience teaches us that jurors will often harbor their own biases, and utilize these biases in their decision-making.  Jurors enter the courtroom possessing a multitude of life experiences that may exert […]

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  • These are no ordinary times.   Unemployment figures continue to creep upward; more Americans are receiving food stamps than ever before; the manufacturing and construction sectors, real estate values, retirement accounts, and investment savings have all gone south.   In the largest industrial bankruptcy in U.S. history, the federal government is now […]

    Jury Damage Awards in Times of Recession

    by Edie Greene, Ph.D. These are no ordinary times.   Unemployment figures continue to creep upward; more Americans are receiving food stamps than ever before; the manufacturing and construction sectors, real estate values, retirement accounts, and investment savings have all gone south.   In the largest industrial bankruptcy in U.S. history, the federal government is now […]

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  • How does a criminal defense attorney argue for a Not Guilty verdict?  One strategy is simply to argue that the state’s case is incomplete and has not been proven beyond a reasonable doubt; no more is required.  Another strategy is to provide alternative explanations of each piece of evidence: for […]

    “This Other Dude Did It!” A Test of the Alternative Explanation Defense

    by Elizabeth R. Tenney, M.A. and Hayley M.D. Cleary and Barbara A. Spellman, J.D., Ph.D. How does a criminal defense attorney argue for a Not Guilty verdict?  One strategy is simply to argue that the state’s case is incomplete and has not been proven beyond a reasonable doubt; no more is required.  Another strategy is to provide alternative explanations of each piece of evidence: for […]

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  • Sonia Sotomayor’s nomination to the US Supreme Court in May 2009 unleashed a storm of controversy based on her remarks on her own judicial decision-making:  “I would hope that a wise Latina woman, with the richness of her experiences, would more often than not reach a better conclusion than a […]

    Book Review: The Juror Factor: Race and Gender in America’s Civil Courts

    by Rita R. Handrich, Ph.D. Sonia Sotomayor’s nomination to the US Supreme Court in May 2009 unleashed a storm of controversy based on her remarks on her own judicial decision-making:  “I would hope that a wise Latina woman, with the richness of her experiences, would more often than not reach a better conclusion than a […]

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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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  •             It has been well over a century since Alexis de Tocqueville first hypothesized a relationship between the institution of jury service and civic engagement, yet this appealing claim has gone untested. In the mid-1970s, political theorist Carole Pateman restated Tocqueville’s idea as a more general […]

    How Jury Service Makes Us Into Better Citizens

    by Perry Deess, Ph.D. and John Gastil, Ph.D.             It has been well over a century since Alexis de Tocqueville first hypothesized a relationship between the institution of jury service and civic engagement, yet this appealing claim has gone untested. In the mid-1970s, political theorist Carole Pateman restated Tocqueville’s idea as a more general […]

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  • We experience a wide range of emotions every day: a bad mood because we skipped breakfast, anger because we got cut off in traffic, and even nostalgia from receiving an old picture of high school friends over email. To be sure, the insight that emotions influence judgment existed long before […]

    Grime and Punishment: How Disgust Influences Moral, Social and Legal judgments

    by Yoel Inbar, Ph.D. and David Pizarro, Ph.D. We experience a wide range of emotions every day: a bad mood because we skipped breakfast, anger because we got cut off in traffic, and even nostalgia from receiving an old picture of high school friends over email. To be sure, the insight that emotions influence judgment existed long before […]

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  •           A principal function of the civil justice system is to make whole any person injured by another’s careless or intentional actions, insofar as that is possible. In theory, this applies to all types of injuries, whether they are of a physical, psychological, financial, or property nature. […]

    Injured Body, Injured Mind: Dealing with Damages for Psychological Harm

    by Brian Bornstein, Ph.D. and Samantha Schwartz           A principal function of the civil justice system is to make whole any person injured by another’s careless or intentional actions, insofar as that is possible. In theory, this applies to all types of injuries, whether they are of a physical, psychological, financial, or property nature. […]

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  • Expert witnesses are retained to take the stand and share specialized knowledge with the court – specialized knowledge that may help the trier of fact make the decision they are charged to make. Naturally, expert witnesses (and the attorneys who retain them) want to appear confident and credible on the […]

    Expert Witness Preparation: What Does the Literature Tell Us?

    by Tess M.S. Neal Expert witnesses are retained to take the stand and share specialized knowledge with the court – specialized knowledge that may help the trier of fact make the decision they are charged to make. Naturally, expert witnesses (and the attorneys who retain them) want to appear confident and credible on the […]

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  • This year I’ve been asked to serve as an expert witness in two different capital cases in which the defense was concerned that the defendant would stand trial by an all-White (or nearly all-White) jury.  In both cases, the defendant was a Black man and his attorneys were concerned that […]

    On the Obstacles to Jury Diversity

    by Samuel R. Sommers, Ph.D. This year I’ve been asked to serve as an expert witness in two different capital cases in which the defense was concerned that the defendant would stand trial by an all-White (or nearly all-White) jury.  In both cases, the defendant was a Black man and his attorneys were concerned that […]

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