Vol. 21/No. 4 July 2009 Archive

  • Despite the canon that trials are to be heard by fair and impartial juries, social science research and practical experience teaches us that jurors will often harbor their own biases, and utilize these biases in their decision-making.  Jurors enter the courtroom possessing a multitude of life experiences that may exert […]

    Terror Management Theory and Jury Decision-Making

    by Joel D. Lieberman, Ph.D. and Jamie Arndt, Ph.D. Despite the canon that trials are to be heard by fair and impartial juries, social science research and practical experience teaches us that jurors will often harbor their own biases, and utilize these biases in their decision-making.  Jurors enter the courtroom possessing a multitude of life experiences that may exert […]

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  • Since the early 1990s the use of multimedia presentations at trial, particularly video productions, has grown exponentially. Successful litigators have discovered that using visuals with their persuasive words gives them a distinct advantage in presenting their case to a jury. In this article we describe some of the different types […]

    Lights, Camera, Action: Getting the Most Out of Videos at Trial

    by Ian A. McWilliams, CLVS Since the early 1990s the use of multimedia presentations at trial, particularly video productions, has grown exponentially. Successful litigators have discovered that using visuals with their persuasive words gives them a distinct advantage in presenting their case to a jury. In this article we describe some of the different types […]

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  • These are no ordinary times.   Unemployment figures continue to creep upward; more Americans are receiving food stamps than ever before; the manufacturing and construction sectors, real estate values, retirement accounts, and investment savings have all gone south.   In the largest industrial bankruptcy in U.S. history, the federal government is now […]

    Jury Damage Awards in Times of Recession

    by Edie Greene, Ph.D. These are no ordinary times.   Unemployment figures continue to creep upward; more Americans are receiving food stamps than ever before; the manufacturing and construction sectors, real estate values, retirement accounts, and investment savings have all gone south.   In the largest industrial bankruptcy in U.S. history, the federal government is now […]

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  • The 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 […]

    Jurors’ Perceptions in the Economic Decline

    by Tara Trask and Linda Petersen The 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 […]

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  • How does a criminal defense attorney argue for a Not Guilty verdict?  One strategy is simply to argue that the state’s case is incomplete and has not been proven beyond a reasonable doubt; no more is required.  Another strategy is to provide alternative explanations of each piece of evidence: for […]

    “This Other Dude Did It!” A Test of the Alternative Explanation Defense

    by Elizabeth R. Tenney, M.A. and Hayley M.D. Cleary and Barbara A. Spellman, J.D., Ph.D. How does a criminal defense attorney argue for a Not Guilty verdict?  One strategy is simply to argue that the state’s case is incomplete and has not been proven beyond a reasonable doubt; no more is required.  Another strategy is to provide alternative explanations of each piece of evidence: for […]

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  • Sonia 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 […]

    Book Review: The Juror Factor: Race and Gender in America’s Civil Courts

    by Rita R. Handrich, Ph.D. Sonia 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 […]

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  • During witness preparation, what you hear from a witness in an attorney’s office may be worlds apart from what you hear from that witness on the stand. The environment in which witnesses are questioned has a profound impact on their behavior, demeanor and testimony. A lawyer’s office or conference room […]

    From the Conference Room to the Courtroom: How a Change in Setting Affects Witness Preparation

    by Valerie Blum and Alexandra Rudolph During witness preparation, what you hear from a witness in an attorney’s office may be worlds apart from what you hear from that witness on the stand. The environment in which witnesses are questioned has a profound impact on their behavior, demeanor and testimony. A lawyer’s office or conference room […]

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  • “The fellow who says he’ll meet you halfway, usually thinks he is standing on the dividing line.” – Orlando Batista Introduction: Welcome to the Mediation Millennium When young trial attorneys first enter law school, they arrive with dreams of being charismatic lawyers who stride into the courtroom and mesmerize jurors.  […]

    If A Case Is Going to Settle: A Guide to Negotiating in the Mediation Millennium

    by Matthew McCusker “The fellow who says he’ll meet you halfway, usually thinks he is standing on the dividing line.” – Orlando Batista Introduction: Welcome to the Mediation Millennium When young trial attorneys first enter law school, they arrive with dreams of being charismatic lawyers who stride into the courtroom and mesmerize jurors.  […]

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  • Every issue The Jury Expert features a favorite thing–something very special that we think you should know about to inform, educate, entertain, or otherwise enlighten you. And best of all, our Favorite Things are always free! July’s Favorite Thing is a terrific resource from the National Center for State Courts […]

    July 2009’s Favorite Thing

    by ASTC Every issue The Jury Expert features a favorite thing–something very special that we think you should know about to inform, educate, entertain, or otherwise enlighten you. And best of all, our Favorite Things are always free! July’s Favorite Thing is a terrific resource from the National Center for State Courts […]

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  • 13,450+ 13,450. That’s the number of reads our May issue of The Jury Expert had as of Monday, July 20 (the day before we published this issue). Our online debut issue (in May 2008) had a few more than 500 reads. Over the past year we have grown a lot […]

    Editorial

    by Rita R. Handrich, Ph.D. 13,450+ 13,450. That’s the number of reads our May issue of The Jury Expert had as of Monday, July 20 (the day before we published this issue). Our online debut issue (in May 2008) had a few more than 500 reads. Over the past year we have grown a lot […]

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