If You Have to Ask the Price…

April 21st, 2022|

The old adage, “if you have to ask the price, you can’t afford it” came to mind when speaking with a client recently. He asked for a menu of services with prices. This is something that we, at Magnus, have never published because our fees/prices vary depending on the specific details of a case. During our discussion, the client came to understand the difficulties of creating such a price list. Yet, I get it. I am frustrated when I look at something for sale and I can’t see the price tag. In some cases, there is no price tag; other

How does media coverage of a case affect eyewitness memory? Online Jury Research Update

April 17th, 2022|

Journalists rely on eyewitnesses for many important details in news reports of legal cases. Reporters ask eyewitnesses questions and publish news reports of information that both includes and goes beyond what eyewitnesses say. Eyewitnesses both questioned and not questioned by reporters are exposed to the published news reports. Blom and Huang (2021) conducted three studies investigating whether news reporters taint eyewitness memories either directly through misleading questions to eyewitnesses or indirectly by publishing information that eyewitnesses then encounter....

Can false confessions be distinguished substantively or linguistically from true confessions? Online Jury Research Update

April 10th, 2022|

False confessions are not rare. The National Registrar of Exonerations has reported that of the 2,400 exonerees in their database, 292 (12 percent) had falsely confessed. The Innocence Project has helped exonerate 375 individuals incarcerated for murders and rapes through post-conviction DNA testing, of whom 28 percent falsely confessed. False confessions also are powerfully persuasive evidence of guilt. False confessions are potent even when the interrogation is coercive, the decision-makers are trial judges, the confessors are juveniles, the confessions are reported secondhand by a motivated informant, and the confessions are contradicted by DNA and other evidence (see, for review, Rizzelli

False Positives

April 7th, 2022|

False positives are research or test results that are inaccurate and make one think the result is positive, when in fact, it is negative. With a medical test, for example, it could mean a blood test result indicates a problem when there isn’t one. There are, of course, false negatives, but I think in the context of trial consulting, our concern is more often about false positive. That is, we are concerned about getting mock jury results that make our client’s case look better than it is. We strive to ensure that our results are objective and we fear

What effects do implicit bias instructions have on jurors? Online Jury Research Update

April 2nd, 2022|

Judges are increasingly using implicit bias instructions in jury trials. Implicit bias instructions are meant to educate jurors, transform what is implicit or unconscious into something recognizable to jurors, and steer jurors away from relying on implicit biases when considering evidence and making judgments. Lynch and colleagues (2022) explored the effect of an implicit bias instruction (warning about unconscious bias) versus a standard explicit bias instruction (warning about the need to avoid prejudice) in the context of possible racial bias in a mock trial study involving over 600 mock jurors....

What’s the Water Cooler Talk for Your Case?

March 29th, 2022|

This week, Will Smith delivered what the Oscars have desperately needed in recent years: something for people to talk about the next day. It’s hard to imagine a hotter topic around the water coolers this week. Plenty of jokes will be flying as evidenced by Conan O’Brien’s Tweet asking if anyone has a late night show he can borrow just for Monday. I’ve already heard the one about Smith immediately inking a deal to star in the “Pursuit of Slappyness.”  I know a lot of litigators who don’t care about the Oscars and probably find it silly (perhaps even annoying)

Do jurors expect attorneys to use technology and graphics? Online Jury Research Update

March 28th, 2022|

Jurors exist in a day-to-day world consisting primarily of visual presentations of information, a world that eschews purely verbal presentations of information. A courtroom trial exists is a very different world, a world that often emphasizes the verbal and oral over the visual and technological. Between 2011 and 2017, a federal district judge in the Northern District of Illinois, Honorable Amy St. Eve, asked over 500 jurors in some 50 civil and criminal trials to complete a voluntary, anonymous questionnaire at the conclusion of their jury service (St. Eve & Scavo, 2018; St. Eve, 2021). Jurors were asked five questions,

By the Numbers

March 24th, 2022|

Periodically, I evaluate Magnus’ “numbers” on case types, history, venues, and clients. By this, I mean I classify the cases on which we’ve worked since the last time I “ran the numbers.” I, long ago, created spreadsheets for this purpose and I simply tally the new cases by client, category, venue, etc. It is relatively easy to do and it is instructive to Melissa and me in knowing where our action is. One thing about numbers, in this case, percentages, is how slowly they change. For example, when I first did this, perhaps 25 years ago, we did over

What to Do When Jurors Forget Your Arguments?

March 22nd, 2022|

A half-eaten bagel hurls across the room at the large screen of mock jurors deliberating in the next room. “I spent at least five minutes talking about that in my presentation!” insists the incensed attorney. Why don’t they understand the proximate cause defense? Were they listening to the attorney who is now half a bagel short of a fulfilling breakfast? Were they paying attention? Or are they just stupid? There are plenty of clichés that apply: A nickel for every time would make me rich; a drinking game would make me drunk. Sayings aside, this happens…a lot. An attorney gives

I Can’t Drive to the Interview; Can You Skype?

March 10th, 2022|

Many years ago, I came up with the title to this post, “I Can’t Drive to the Interview; Can You Skype?” Skype was new and I was not familiar with it when a job applicant asked this question. Back then, the idea of not meeting an applicant in person was foreign. I realize how things have changed, but I still can’t imagine hiring someone who has only been “seen” in the 2 dimensional world of a video screen. But, that’s not really my point. Hiring someone is a big decision. We’ve been through the process many times and that process