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Editor’s Note
by Rita Handrich, EditorPosted on May 1, 2010 | No CommentsEditor’s Note Welcome to the May 2010 issue of The Jury Expert! It’s spring (although in Texas it definitely feels like summer)! This issue we have reptiles in the courtroom (and in a departure from tradition, we have four trial lawyers responding to the article rather than trial consultants); […] -
May 2010′s Favorite Thing(s)
by The Jury ExpertPosted on May 1, 2010 | No CommentsJill D. Schmid, Ph.D., a consultant with Tsongas Litigation Consulting, specializes in the creation and implementation of effective communication strategies, and the design and analysis of research for complex, civil litigation nationwide. My new favorite thing (along with millions of others) is my iPad. It means I don't have to […] -
Courtroom Nostalgia: The Rural American Courthouse
by American Society of Trial Consultants membersPosted on May 1, 2010 | No CommentsMembership in the American Society of Trial Consultants gives access to a collegial email list where members are able to ask questions and share experiences. This week a discussion began on rural courthouses without metal detectors even in this post 9-11 era. As members began to share their experiences in […] -
The Rules Don’t Apply to Me
by Beth FoleyPosted on March 1, 2010 | 4 CommentsThe 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 […] -
East Texas Jurors and Patent Litigation
by Julie Blackman, Ph.D. and Ellen Brickman, Ph.D. and Corinne BrennerPosted on March 1, 2010 | 2 CommentsIn the past ten years, the Eastern District of Texas has become a wildly popular venue for plaintiffs in patent cases. This has been attributed to a number of factors including judicial expertise, plaintiff-friendly local rules, speedy dispositions and jurors who are predisposed to find for plaintiffs and award large […] -
Unintended Consequences of Toying with Jurors’ Emotions: The Impact of Disturbing Emotional Evidence on Jurors’ Verdicts
by Jessica M. Salerno and Bette L. Bottoms, Ph.D.Posted on March 1, 2010 | 3 CommentsDespite the legal system's conventional story that our judicial process is devoid of emotions and based on pure reason (Bandes, 1999), attorneys have intuited the role of emotion in jurors' verdict decisions. Attorneys attempt to elicit emotions in jurors during opening and closing statements, or through the use of emotionally […] -
The Use of Technology to Enhance Communication Strategies in Litigation
by Susan Pennebaker, J.D.Posted on March 1, 2010 | 2 Comments"We test communication by conveying a message and having the recipient understand it, be interested in it and remember it. Any other measure is unimportant." — Richard Saul Wurman, Information Anxiety, 1990 The Urgency of Now When an important event happens anywhere in the world today, the speed […] -
Goals of Witness Preparation: From a Trial Consultant’s Point of View
by Katherine JamesPosted on March 1, 2010 | 1 CommentWe love answering the questions that our readers have about our work. This article is written as an answer to one reader's question. Reader Question: "When trial consultants work on witness preparation, what are the goals they seek and how do they work to attain those goals?" Let me […] -
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 […] -
Without Bias: How Attorneys Can Use the Right to Present a Defense to Allow for Jury Impeachment Regarding Juror Racial, Religious, or Other Bias
by Colin Miller, J.D.Posted on March 1, 2010 | No CommentsI. THE APPLICATION OF RULE 606(b) TO ALLEGATIONS OF JUROR BIAS A jury convicted African-American Roland William Steele of three counts of first-degree murder and related charges after he allegedly killed three Caucasian women. The Supreme Court of Pennsylvania later upheld Steele's conviction despite the declaration of a […]