How do jurors weigh opinions of forensic experts pre-exposed to case information? | Online Jury Research Update

November 7th, 2022|

In 2015, the National Commission on Forensic Science (NCFS) affirmed that forensic examiners should draw conclusions solely from the physical evidence and not from any other evidence in the case. A suspect's criminal history, confession or alibi do not involve assessment of the physical evidence, and examiners are urged to be blind to such task-irrelevant information to prevent biasing their conclusions about the evidence. While over 70% of forensic examiners believe they can mitigate any bias from task-irrelevant case information simply by ignoring their expectations (Kukucka et al., 2017), scientific research overwhelming has found that knowledge of task-irrelevant case information

Is a “Fair and Impartial” Jury Even Possible?

November 7th, 2022|

A favorite client sent me this link with this message, “Wouldn’t this be a fun case to work on!” Jury Selection in the Trump Organization Case a Trial of Its Own – The New York Times (nytimes.com)  As I read it I had many thoughts, but mostly just how impossible it would be to truly get a “fair and impartial jury” for any case involving Donald Trump. Love him or hate him, everyone has an opinion. And, to muck up the water even more, I’d be very suspicious of anyone who states that they don’t have an opinion at all.

Show You Respect the Jurors: Top 7 Ways

November 7th, 2022|

By Dr. Ken Broda Bahm: A bit like members of the armed forces, jurors are often thanked for their service. For the attorney, particularly in the opening moments of a trial, it is both common and important to make sure that jurors understand that you appreciate them serving, even though it is for little compensation, and often at the cost of great disruption to their lives. But stating respect is one thing, and showing it is another: As they say, actions speak louder. Jurors at the outset already feel a distance with lawyers. Lawyers are generally more educated, higher socio-economic status

Which instructions better reduce internet-based juror misconduct? | Online Jury Research Update

November 3rd, 2022|

To prevent the biasing influence of information obtained outside the courtroom, courts often issue instructions to jurors that limit or prohibit certain activities during the trial and when deliberating. Despite these instructions, internet-based juror misconduct occurs. Carstens Namie (2019) examined the effectiveness of different types of judicial instructions about use of the internet and digital communications (e.g., social media, blogs, email, texting) on internet-based juror misconduct....

Premature Decisions

November 3rd, 2022|

Several recent client/case events prompted this post. My biased view of litigation is that it is best done when as much input (a.k.a. data) is considered. This includes data from various experts, but also data from mock juries used to evaluate the risks of litigation. The first example is with a case that settled prior to the scheduled mock jury research. We are rarely privy to settlement decisions, including how much was paid/received, etc., but what I do know is that mock jury research would provide considerable direction as to what is a “good settlement.” A “good settlement” is

Animate It: If Jurors See It, They’re More Likely to Believe It

November 3rd, 2022|

By Dr. Ken Broda Bahm: The idea that “seeing is believing” is the kind of adage that can have more traction as a truism than as a research finding. But when it comes to truly appreciating the visual advantage in litigation, understanding the research can be helpful. In the case of a visual demonstrative that moves beyond the static display — a computer-generated animation — it is more helpful than you might think. A tool that illustrates the narrative you are trying to convey, that shows what you are trying to tell, can serve as a memorable and powerful tool of

Adapt to Stop-and-Go Trial Schedules

October 30th, 2022|

By Dr. Ken Broda Bahm: Courts across the country are wading through the pandemic backlog. At both the state and federal levels, efforts to prioritize and to adapt have turned trial calendars into an elaborate and high-stakes guessing game about when and whether any given case will proceed to trial. Some I know have compared it to the “Whack-a-mole” game: just as one is going away, another is surprisingly popping up. Amid the chaos, there are some practical challenges for trial lawyers and in-house counsel. In the run-up to your trial date, “Go, baby, go” can suddenly turn into “Cool

Are likeable experts more persuasive? Online Jury Research Update

October 18th, 2022|

Experts differ both in their expertise and their interpersonal style. An expert can offer higher or lower quality evidence than other experts, and can have a more or less likeable style than other experts. How does likeability affect an expert's persuasiveness? Does a likeable expert make weak evidence more persuasive? Is strong evidence less persuasive when presented by a dislikeable expert? Is a dislikeable expert with strong evidence more persuasive than a likeable expert with weak evience? Younan and Matire (2021) investigated the impact of expert evidence quality and expert likeability on expert persuasiveness in two studies....

When is attorney credibility more influential than case evidence? Online Jury Research Update

September 30th, 2022|

Attorneys are perceived as credible or non-credible trial attorneys based on the behaviors they enact during trial. Attorney credibility at trial has been assessed by behavioral measurement of an attorney's persuasion, critical listening, oral expression, physical presence, interpersonal interaction, speech clarity, organization, adaptability, synthesis and social perceptiveness ... The issue is this: How does attorney credibility matter? For example: Does attorney credibility affect verdicts? Do credible attorneys make weak cases stronger? Do strong cases win even if the attorney is non-credible? Wood and colleagues (2019) examined the relationship of attorney credibility and evidence strength on mock jurors' civil litigation verdicts

Time Management in Voir Dire: 4 Time Wasters to Eliminate from the Process

September 23rd, 2022|

Few things are more frustrating for a jury consultant than voir dire ending with the feeling that we did not learn anything particularly meaningful about the jury. It happens much more often than one might think, in part because it is difficult for some attorneys to appreciate how they could talk directly with the venire for thirty minutes and not learn anything valuable. Instead, we are left trying to extract insights from such trivial facts as Juror #14’s decades old DUI conviction or Juror #27 being an engineer. We have published extensively on the most effective strategies for voir dire