Archives – Page 16 – The Red Well

When is the best time to give transcripts of recordings to jurors? | Online Jury Research Update

July 22nd, 2023|

Transcripts exert a strong influence on jurors' perceptions of electronic recordings, even when the transcripts are demonstrably inaccurate, misleading or downright implausible. Zhang(2022) examined how giving jurors a transcript of an electronic recording before, with, or after they listen to the recording affects their understanding of what was said on the recording. A total of 281 jury-eligible mock jurors listened to 20 short audio recordings adapted from an actual case. Mock jurors were divided into four groups based on when they were given transcripts for the audio recordings: (1) transcripts given before each audio recording, (2) transcripts given with each

Model Effective Legal Persuasion

July 20th, 2023|

By Dr. Ken Broda-Bahm: Persuasion is at the core of what litigators do, not exclusively, but particularly in court. Despite that, aspiring lawyers train on a legal model that emphasizes some aspects of persuasion (like evidence and logic) while de-emphasizing or ignoring other aspects (like emotion, salience, and motivation). In a recent article, “Persuasion Principles … Model Effective Legal Persuasion Read More »

Our Top 100 Articles Since 2014: A Decade of Engaging and Informative Content

July 19th, 2023|

Our blog has been thriving for nearly a decade, accumulating over a million visits during this remarkable period. As we approach the official 10-year blog anniversary next year, we also celebrate the impressive 28-year milestone of our entire company. To stay in tune with our readers' preferences, we meticulously monitor the traffic of each blog post, enabling us to identify the crème de la crème. Without further ado, here are the top 100 most engaging blog posts from the past ten extraordinary years. 5 Questions to Ask in Voir Dire The Top 14 Testimony Tips for Litigators and Expert

5 Essential Ways to Win Over a Jury: Tips for Trial Consultants and Attorneys

July 18th, 2023|

1. To win them over. Have you ever encountered someone who always assumes their ex is lying, even when they're not? Or have you observed how trusting people can be in a new relationship, even if it's all a facade? It's because we have an innate desire to believe those we like, and vice versa. Therefore, it is crucial to leave a positive impression on the jury - while you don't need them to fall head over heels for you, you certainly can't afford to rub them the wrong way. Research has uncovered some insightful tips on what creates

Trust Your Mock Trial (to a Point)

July 17th, 2023|

By Dr. Ken Broda-Bahm: A mock trial is not a crystal ball with access to the ultimate result you’re going to see in a real trial. There are too many differences between the research situation and the full trial setting for those results to be considered reliable, including the individual make-up of the panel, the … Trust Your Mock Trial (to a Point) Read More »

Witnesses, You’re Preparing for Improv, Not a Play

July 13th, 2023|

By Dr. Ken Broda-Bahm: To be clear, testifying isn’t acting. Testifying is telling the truth. And with apologies to those who will point out that good acting is telling the truth as well, there are some important differences for the testifying witness, not least of which is that any appearance of artifice reduces credibility. Even … Witnesses, You’re Preparing for Improv, Not a Play Read More »

7 Ways Expert Report Graphics are Different from Trial Graphics

July 13th, 2023|

and Dan Regard, CEO/Founder, iDSAs seasoned litigation consultants with law degrees, Dan (a testifying forensics expert and CEO) and Ken (a trial consultant, trial graphics expert, and CEO) have witnessed firsthand the striking distinctions between expert witness graphics and trial graphics. While these graphic types may appear similar, these types of graphics serve entirely different purposes in the legal realm.Let's delve into seven ways in which expert witness graphics and trial graphics diverge: 1. Inform vs. Persuade. Expert witness graphics are meticulously crafted to illustrate expert testimony, whereas trial graphics are strategically designed to present evidence before a jury. Expert

Voir Dire for “Safetyist” Attitudes

July 10th, 2023|

By Dr. Ken Broda-Bahm: Everyone supports safety. The popular “Reptile” approach to trying plaintiffs’ cases is built on the strength of safety as a core value. It is a common sense attitude to prefers greater security over greater risk. But there is also an extreme version of that attitude – a version that tolerates zero … Voir Dire for “Safetyist” Attitudes Read More »

Experts, Shoot Back at ‘Hired Gun’ Assumptions

July 3rd, 2023|

By Dr. Ken Broda-Bahm: Are jurors going to believe someone paid to come into the courtroom and deliver an opinion that supports the side who’s paying? While the jurors’ assent may not be as automatic as the experts and their clients hope it would be, in courtrooms every day and across the country, jurors do follow … Experts, Shoot Back at ‘Hired Gun’ Assumptions Read More »

Do Republicans and Democrats agree about the seriousness of crimes? | Online Jury Research Update

June 29th, 2023|

Historically, Republicans and Democrats have differed in their views about crime. Recently, Republicans and Democrats have changed their views of crime, law enforcement and the seriousness of various offenses. Robert W. McGee and colleagues (2022) explored the relationship between political party affiliation and jurors' attitudes toward a variety of specific criminal offenses. More than 500 jury-eligible, young, educated adults of varying backgrounds, genders, religions, ethnicities and political persuasions were asked to grade how serious they considered 75 specific crimes....