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Voir Dire & Jury Selection Archive
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Emotions in the courtroom: “Need for affect” in juror decision-making
by Desirée Adams and Emily PattyPosted on July 1, 2010 | 3 Comments"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 & […] -
The Shrinking Strike Zone: Avoiding Problems During Jury Selection in the Age of Batson
by Sean Overland, Ph.D.Posted on May 1, 2010 | 3 CommentsIs your race-neutral explanation enough to survive a Batson challenge? In February, the Supreme Court handed down its decision in the case of Thaler v. Haynes, the latest in a string of cases originating with Batson v. Kentucky in 1986. In Batson, the Court outlawed the use of race-based peremptory […] -
Panic Over the Unknown: America Hates Atheists
by Douglas L. Keene, Ph.D. and Rita R. Handrich, Ph.D.Posted on March 1, 2010 | 24 Comments"If 'Guess Who's Coming to Dinner' was remade today, the 'shocking' guest would no longer be a highly accomplished, educated and sophisticated black man (Sidney Poitier) but a highly accomplished, educated and sophisticated atheist."1 "The prisons are probably filled with people who don't have any kind of a spiritual or […] -
Enron to Broadcom: Defending Companies in Court After a Decade of Corporate Scandals
by Richard GabrielPosted on January 1, 2010 | 1 Comment"It's the same thing going on with America these days. It's big business. They just don't care…It felt like they thought they were bigger than the law." – Juror in i4i v. Microsoft patent case – IP Law and Business The Knights of Columbus was […] -
16 Simple Rules for Better Jury Selection
by Mark Bennett, J.D.Posted on January 1, 2010 | 25 CommentsWhen a lawyer screws up jury selection, there is little hope for the rest of the trial. After watching many inauspicious jury selection efforts by prosecutors and criminal defense lawyers, I realized that I might be able to contribute to the state of practitioners' jury selection art by codifying a […] -
Guilty but Mentally Ill (GBMI) vs. Not Guilty by Reason of Insanity (NGRI): An Annotated Bibliography
by Jennifer Kutys and Jennifer EstermanPosted on November 1, 2009 | 3 CommentsIntroduction The mental status of the defendant has long been an issue of interest for legal professionals. Most states have some kind of insanity plea (i.e., Not Guilty by Reason of Insanity [NGRI]). States vary on which guidelines they use to formulate their legislation (most commonly the M'Naghten rule or […] -
Identifying Leaders
by Barbara Rich Bushell, Ph.D.Posted on September 1, 2009 | 4 CommentsHow jurors choose their presiding juror. -
Jurors’ Perceptions in the Economic Decline
by Tara Trask and Linda PetersenPosted on July 1, 2009 | 1 CommentThe current financial crisis has infiltrated American life in a way unmatched by other events in recent history. We are clearly at a turning point in many ways, and just how this decline will ultimately influence Americans is yet to be fully understood. On a more specific level, the ways […] -
Book Review: The Juror Factor: Race and Gender in America’s Civil Courts
by Rita R. Handrich, Ph.D.Posted on July 1, 2009 | 1 CommentSonia 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 […]