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Vol. 22/No. 4 July 2010 Archive
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What We Do (and Don’t) Know about Race and Jurors
by Samuel R. Sommers, Ph.D.Posted on July 1, 2010 | 17 CommentsTen years ago, my colleague, Phoebe Ellsworth, and I published two articles describing the influence of a criminal defendant's race on jurors' decision-making (Sommers & Ellsworth, 2000; 2001). These papers were based on experimental simulations in which we asked mock jurors to read and evaluate trial summaries. In one version […] -
Wall Street’s Reaction to Jury Verdicts Involving Publicly-Traded Litigants
by Eric Rudich, Ph.D.Posted on July 1, 2010 | No CommentsFor most technology, pharmaceutical and healthcare firms, patents and copyrights are the direct result of their research and development efforts and are vital to their revenues. The stock performance of these companies can be directly linked to the quality of their intellectual property portfolio (Dang, Lev, & Darin, 1999). To […] -
The Reptile Brain, Mammal Heart and (Sometimes Perplexing) Mind of the Juror: Toward a Triune Trial Strategy
by Jill P. Holmquist, J.D.Posted on July 1, 2010 | 6 CommentsIn our quest to perfect our trial skills and improve outcomes, lawyers and trial consultants have, for at least 30 years, turned to science. Our understanding of it is incomplete and our implementation imperfect, yet we make progress. But sometimes our incomplete knowledge does a disservice, as does the treatment […] -
Persuading with Probability: The Prosecution of O.J. Simpson
by Daniel J. Denis, Ph.D.Posted on July 1, 2010 | 8 CommentsA 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 […] -
The Convoluted Spectrum of White Guilt Reactions: A Review of Emerging Literature
by Alexis RobinsonPosted on July 1, 2010 | 2 CommentsPsychologists 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 […] -
Presumed Prejudice, Actual Prejudice, No Prejudice: Skilling v. U.S.
by Thaddeus Hoffmeister, J.D.Posted on July 1, 2010 | 4 CommentsPresumed 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, […] -
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 & […] -
Editor’s Note
by Rita Handrich, EditorPosted on July 1, 2010 | 1 CommentIt'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 […]