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Note from the Editor, Spring 2016
by Rita R. Handrich, Ph.D.Posted on April 20, 2016 | No CommentsIn my part of the country spring has sprung and the wildflowers are out in force along with some brave redbuds, ‘tulip’ magnolias, and Bradford Pears. In other parts of the country, there is still a long ways to go til spring and I am very sorry about that reality. […] -
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, […] -
Schadenfreude In The Courtroom: Nonobvious Pleasures at Obvious Distress
by Adele Mantiply and Michelle A. Jones and Stanley L. Brodsky, Ph.D.Posted on December 1, 2015 | No CommentsSchadenfreude, the experience of taking pleasure from the distress of another, is often in the courtroom. While schadenfreude might be a natural and understandable reaction to the contentious and possibly emotional environment of a courtroom, these researchers also address whether it can lead to harmful effects, and end by discussing ways to examine this phenomenon empirically. -
Untying Tongues: Preparing Witnesses Who Have Limited English Proficiency (LEP)
by Alexis Forbes, Ph.D. and Will Rountree, J.D., Ph.D.Posted on December 1, 2015 | 2 CommentsAs the litigation environment continues to evolve, we need to prepare witnesses for whom English is not a first language and those with limited English proficiency (LEP). Here, two trial consultants walk us through the issues inherent in witness preparation when your witness is not proficient in English and give strategies for sensitivity and success in witness preparation with LEP witnesses. -
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. -
Jury Decision-making in Excuse Defense Cases: A Novel Methodological Approach
by Christopher S. Peters, Ph.D. and James Michael Lampinen, Ph.D.Posted on December 1, 2015 | 1 CommentAs you plan the structure of your case narrative, here's a novel idea for figuring out what prospective jurors find most intriguing about your case. These researchers used a card sort task to have jurors identify which aspects of the case they wanted to hear about first. It's an intriguing look at case presentation planning. -
Uncommon Wisdom from Everyday People: 13 Lessons from Patent and IP Mock Jurors
by Douglas L. Keene, Ph.D. and Rita R. Handrich, Ph.D.Posted on December 1, 2015 | 6 Comments13 lessons gleaned from mock jurors over more than 15 years of patent and intellectual property work. In cases involving computer hardware and software, industrial processes, mechanical devices, logos and color schemes, tag lines and slogans—jurors have told us what is important to them about disputes involving patents, copyrights, trademarks, and creativity. -
Road Warrior Tips for November 2015
by ASTC Member Trial ConsultantsPosted on December 1, 2015 | 1 CommentLike many of you, we travel all the time. And we have secrets that help us get around faster, more comfortably and tips on what to make sure and carry with you in the air, on the ground or even, underground! Thanks to the generosity of these frequent flyers—these trial […]