How do juror legal attitudes affect verdicts in criminal cases? Online Jury Research Update

March 6th, 2022|

Jurors do not experience a criminal trial as neutral blank slates. Jurors come to the trial with pre-existing attitudes and beliefs about many issues, including about the legal system. Social science researchers have used the Pre-Trial Juror Attitude Questionnaire (PJAQ) to measure a juror legal attitudes in criminal cases (Lecci & Myer, 2008). The PJAQ asks people to agree or disagree with statements that address their conviction proneness, confidence in the legal system, views of innate criminality, cynicism towards the defense, social justice and racial bias. People agreeing with many PJAQ statements have harsher attitudes toward criminal defendants. Statements on

Refocusing “on the Fly”

March 3rd, 2022|

As the saying goes, the best laid plans… Change is part of our everyday existence as litigation consultants, especially in our world of keeping up with lawyers. We’re down in the chain of command, thus, when things change for our clients, they change for us. Just today, a lawyer calles about a change in his trial date (the 3rd or 4th change actually) so we have to adjust to the changes he faces. Today is also a day for which we had plans – a list of things to accomplish. Guess what, the phone rang. Emails arrived. The original plans

What attorney conduct annoys jurors? Online Jury Research Update

March 1st, 2022|

Jurors typically have strong opinions about the attorneys in their case, impressed by some conduct and irritated by other conduct. Between 2011 and 2017, a federal district judge in the Northern District of Illinois, Honorable Amy St. Eve, asked more than 500 jurors in some 50 different trials to complete a voluntary, anonymous questionnaire at the conclusion of their jury service about what they liked and disliked about the conduct of attorneys in their case (St. Eve & Scavo, 2018; St. Eve, 2021). Jurors were asked to list in order (1) three things that the lawyers did during trial that

I Can’t Wait to Write a Survey

March 1st, 2022|

As a follow up to my previous post pertaining to things I love about my job, among my favorite work tasks is writing a survey. (Another of my favorite tasks is analyzing survey results, but I have written about that in a prior post.) Not only is writing a survey intellectually stimulating, the mere fact I have a survey to write means we have important work to do for a client. Hooray for client work! The activities involved in my survey preparation are: (1) read copious amounts of legal documents, provided by the client, about the case on which we

10 Things I Love About My Job

February 22nd, 2022|

I love my job! I truly do! My dear friend, Bob, has called me a workaholic since we met in 1980. I am a person who really likes to work! Being bored is not for me. I decided to think about the top 10 things I like about my job as a jury/trial consultant, which I have been performing since 1989. Here they are, in no particular order: 1. I like to help people. When Magnus’ clients contact us, they always have a problem they cannot solve without our help. It is rewarding to me to be trusted to

How do gruesome photographs affect liability verdicts? Online Jury Research Update

February 14th, 2022|

In civil cases, attorneys often show jurors gruesome images of a plaintiff's injuries. Photographs are often presented not only to describe and inform jurors of injuries, but also to arouse emotions in jurors of sympathy, disgust, fear, anger and sadness. Research has shown that liability decisions are affected by viewing gruesome photographs. For example, one study found that viewing photographs of a girl who had been hit by a car and suffered a bleeding head wound significantly increased liability verdicts relative to those who learned the details about the injury but did not see the photographs (Bright and Goodman-Delahunty, 2011).

Rust Never Sleeps

February 10th, 2022|

The trigger for this post was my need to prepare some paperwork for a client recently. It had been a few months since I had done this particular paperwork and, I’ll admit, I felt rusty. Rusty in the sense that it wasn’t as smooth a process as I would have preferred. When I realized it felt rusty, Neil Young’s phrase, turned album title (1979), Rust Never Sleeps came to mind – that’s just how my mind works sometimes. With acknowledgment of Mr. Young’s contribution, I wanted to talk about this phenomenon. It is difficult for a person to always

Calculated Risk

February 3rd, 2022|

For a number of years, Melissa spoke to law students at Stetson University at the invitation of the late Professor Mickey Smiley. Professor Smiley did his students a favor, which I hope they later appreciated, of inviting successful trial lawyers, and at least 1 trial consultant, (Melissa) to speak to his trial skills class to bring some real life to academia. He was present to introduce the speaker and to facilitate questions afterwards. In an introduction of Melissa he once said, “Litigation involves risks. A Trial consultant helps calculate those risks.” I liked that. I wrote it down and

How do the letter and spirit of the law affect culpability decisions? Online Jury Research Update

February 1st, 2022|

Violations of the letter of the law can be distinct from violations of the spirit of the law. The letter of the law is a formal boundary between that which is legal and illegal, such as driving over the speed limit or parking in a handicapped parking spot without a special permit. The spirit of the law is the perceived intention of the law which is often shaped by political, moral and social values about how people should act. A person, technically, can be held culpable for any violation of the letter of the law, yet jurors do not always

Illuminating Litigation

January 27th, 2022|

Many years ago an attorney shared with me why he liked conducting mock trials on his cases. He said that litigation without jury research is like driving in the dark without headlights. I’m not willing to say that trial lawyers are always driving in the dark, but I agree with his premise: mock jury research (or mock mediation/arbitration research) illuminates the problems in a case. Seeing, or being aware of, the problem provides an opportunity to diffuse that problem or remediate the impact of a problem in the case. Few cases are without “warts.” Sometimes it is an imperfect