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Voir Dire & Jury Selection Archive
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Making It Moral: How Morality Can Harden Attitudes and Make Them More Influential
by Andrew LuttrellPosted on December 16, 2016 | 6 CommentsHere's one of those litigation advocacy secrets that we need to keep just between us. -
Citizen Juror: Justice Sotomayor and Steve Susman Discuss Why Jury Duty Matters
by David Barnard and Tara TraskPosted on April 20, 2016 | 7 CommentsFlip on the television, open the laptop or sit down around most dinner tables across the country these days, and it seems clear that we are experiencing interesting times. Americans are gravitating to grassroots, populist political movements on both sides of the traditional political divide. What the campaigns of both […] -
Expressing Anger Increases Male Jurors’ Influence, but Decreases Female Jurors’ Influence, During Mock Jury Deliberations
by Jessica Salerno, Ph.D. and Liana Peter-Hagene, MA and Justin Sanchez, BAPosted on April 20, 2016 | 4 CommentsIn her autobiography, Justice Sonia Sotomayor highlights emotion expression as a powerful persuasion tool—an argument that dates back to the 4th century B.C.E. (Aristotle, Rhetoric). Yet, expressing emotion has not always served her well. Her minority dissent from the Supreme Court’s decision to uphold Michigan’s affirmative action ban (Schuette v. […] -
Understanding the Traumatized Witness
by Lorie Hood, M.S.Posted on April 15, 2016 | 1 CommentOne of the biggest challenges lawyers face is witness examination. You know your job, you have done the preparation and yet, somehow, at some point, your witness seems to transform right in front of your eyes. You know the story. Witness “X” has presented in your office as thoughtful, credible, […] -
Revealing Juror Bias Without Biasing Your Juror: Experimental Evidence For Best Practice Survey And Voir Dire Questions
by Mykol C. Hamilton, PhD and Kate Zephyrhawke, MAPosted on December 1, 2015 | 13 CommentsProspective jurors "know" the "right answer" to the questions on whether they can be fair and unbiased. But in this research, two academics show us how traditional voir dire and survey questions pose the question in a way that elicits a drastic under-reporting of individual biases. This article shows how to ask questions to help jurors acknowledge their biases (which we all have) in ways that does not shame them or make them feel like "bad people" for having biases. -
Do Trial Consultants Spell the End of Justice?
by Adam Benforado, J.D.Posted on August 28, 2015 | 1 CommentDo trial consultants spell the end of justice? Or the other way around? Or, perhaps, somewhere in the middle? -
Hunting Dinosaurs? A Conversation with Steve Susman and Tara Trask on the Vanishing Jury Trial
by L. Hailey Drescher, M.A.Posted on August 28, 2015 | 1 CommentAn exciting new project at NYU: The Civil Jury Project. Here's a conversation between Steve Susman and Tara Trask about the project.