Latest Headlines
  • A litigator who uses probabilistic arguments to his advantage has a powerful and persuasive tool at his disposal. Even an elementary knowledge of probabilistic thinking and knowing when to and when not to employ probabilistic principles can make the difference between convincing a jury of a statement's truth versus allowing […]

    Persuading with Probability: The Prosecution of O.J. Simpson

    by Daniel J. Denis, Ph.D. A litigator who uses probabilistic arguments to his advantage has a powerful and persuasive tool at his disposal. Even an elementary knowledge of probabilistic thinking and knowing when to and when not to employ probabilistic principles can make the difference between convincing a jury of a statement's truth versus allowing […]

    Continue Reading...

  • 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 […]

    Continue Reading...

  • Psychologists define white guilt as the dejection or compunction that Whites feel when they witness a discriminatory act or observe the consequences of a racist act (Steele, 1990). White guilt manifests itself in common settings and every day interpersonal encounters. Feelings of white guilt may arise from the simplest realizations […]

    The Convoluted Spectrum of White Guilt Reactions: A Review of Emerging Literature

    by Alexis Robinson Psychologists define white guilt as the dejection or compunction that Whites feel when they witness a discriminatory act or observe the consequences of a racist act (Steele, 1990). White guilt manifests itself in common settings and every day interpersonal encounters. Feelings of white guilt may arise from the simplest realizations […]

    Continue Reading...

  • Presumed Prejudice, Actual Prejudice, No Prejudice: Skilling v. U.S. Thaddeus Hoffmeister1 Thaddeus Hoffmeister is an Associate Professor at the University of Dayton School of Law. He primarily teaches in the areas of criminal law. The focus of his research includes petit juries, grand juries and National Security law. Besides teaching, […]

    Presumed Prejudice, Actual Prejudice, No Prejudice: Skilling v. U.S.

    by Thaddeus Hoffmeister, J.D. Presumed Prejudice, Actual Prejudice, No Prejudice: Skilling v. U.S. Thaddeus Hoffmeister1 Thaddeus Hoffmeister is an Associate Professor at the University of Dayton School of Law. He primarily teaches in the areas of criminal law. The focus of his research includes petit juries, grand juries and National Security law. Besides teaching, […]

    Continue Reading...

  • "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 & […]

    Emotions in the courtroom: “Need for affect” in juror decision-making

    by Desirée Adams and Emily Patty "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 & […]

    Continue Reading...

  • It's the dog days of summer here in the heart of Texas but this issue is sure to keep you glued to your computer screen! Once again, we have a variety of pieces that are thought-provoking and provocative but also carefully researched and written. To start us off, Sam Sommers […]

    Editor’s Note

    by Rita Handrich, Editor It's the dog days of summer here in the heart of Texas but this issue is sure to keep you glued to your computer screen! Once again, we have a variety of pieces that are thought-provoking and provocative but also carefully researched and written. To start us off, Sam Sommers […]

    Continue Reading...

  • 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 […]

    Continue Reading...

  • Is 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 […]

    The Shrinking Strike Zone: Avoiding Problems During Jury Selection in the Age of Batson

    by Sean Overland, Ph.D. Is 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 […]

    Continue Reading...

  • Jurors these days seem to make news almost as much for their misbehavior as for the decisions they make. First, there are a multitude of stories about jurors who refuse to follow the rules and use Google to satisfy their curiosity or hop on Facebook to share their opinions with […]

    The Biggest Bully In the Room

    by Trisha Renaud Jurors these days seem to make news almost as much for their misbehavior as for the decisions they make. First, there are a multitude of stories about jurors who refuse to follow the rules and use Google to satisfy their curiosity or hop on Facebook to share their opinions with […]

    Continue Reading...

  • 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 […]

    Continue Reading...