What are the effects of juror note-taking during trial? Online Jury Research Update

November 28th, 2021|

Considerable research on juror note-taking has been conducted in both actual and mock trials for many years. Extensive pilot programs and field studies on juror note-taking have been undertaken with real jurors who sat on actual criminal and civil cases. Well-conducted mock jury studies have simulated the experience of sitting on a jury. The results of these studies on juror note-taking during trial have been consistent over many years and across different research methodologies. Reviews of this extensive research on juror note-taking report that:....

How accurately do jurors decide liability based on preponderance of the evidence? Online Jury Research Update

November 17th, 2021|

In most civil litigation, the burden of proof required to find a defendant liable is probabilistic: If it is more likely than not (i.e., over 50%) that a defendant caused a plaintiff's injury, the defendant is to be held liable for that injury. Lariviere (2015) investigated the willingness of mock jurors to assign liability if the likelhood the defendant caused a plaintiff's injury was either 5%, 50%, 51% or 95%....

Teaching Witnesses to Take Control of Their Answers

November 17th, 2021|

Outside of my traditional jury consulting work, I periodically work as an expert for change of venue motions, conducting original research and offering opinions based on the findings. As part of this work, I am sometimes deposed or asked to testify at court hearings. These experiences are incredibly helpful for when I work with witnesses to prepare them for their deposition. Of all the standard tips that consultants offer witnesses, most are easier said than done. It is one thing to sit across the table from a witness and tell him or her how to handle different scenarios, but it

How well do jurors uphold a defendant's right not to testify? Online Jury Research Update

November 1st, 2021|

urors in criminal trials are instructed they may not draw any inference of guilt when criminal defendants exercise their right not to testify. Jurors often also are instructed that defendants' exercise of their right to remain silent cannot influence verdicts in any way. Frank and Broschard (2006) surveyed nearly 600 actual criminal case jurors after they completed their jury deliberations in Florida misdemeanor and felony cases. In approximately 40% of trials, jurors reported that criminal defendants exercised their Fifth Amendment privilege. When defendants chose not to testify....

How do jurors determine what a reasonable person would do? Online Jury Research Update

October 23rd, 2021|

Tort liability often hinges on whether a defendant behaved as a "reasonable person" would have under the circumstances. Jurors often must decide if a defendant acted as would a reasonably prudent person or as would reasonable people exercising ordinary care. Jaeger (2021) conducted four experiments exploring how potential jurors conceive of the "reasonable person." The first two experiments tested whether mock jurors interpret the reasonable person standard in empirical terms (based on what others do) or economic terms (based on cost efficiency). The third and fourth experiments examined how laypeople apply the empirical standard....

A Practical Example of Teaching Science Through Narrative at Trial

October 14th, 2021|

One of my favorite non-fiction books of all time is Bill Bryson’s A Short History of Nearly Everything. The book tackles every major branch of science in its effort to explain our existence on Earth, and it is absolutely riveting. In fact, if you want to add thirty minutes of childlike awe to your day, spend a couple weeks reading this book. Early on in the introduction, Bryson explains why he wanted to tackle science with this book: “There seemed to be a mystifying universal conspiracy among textbook authors to make certain the material they dealt with never strayed too

Things Back to Normal! Water Fountains, Crowded Elevators, Smiling Faces

October 12th, 2021|

Hooray! Hooray! I had the privilege of selecting 2 juries, for 2 different clients, in 2 different courthouses, recently. Usually, this would be nothing to write about, however, these jury selections were noteworthy due to the fact that they were the first, and second, jury selections for me since the world shut down in March of 2020 because of the pandemic. I was thrilled, absolutely thrilled, to be back in a courthouse, wearing a dark suit and high heels, carrying a briefcase, and providing help to my clients as they faced challenging lawsuits. Things almost seemed like they were

What conclusions do jurors draw from truncated bar charts? Online Jury Research Update

October 6th, 2021|

any trials are full of charts and graphs intended to communicate numerical information clearly and to persuade jurors of the specific facts or conclusions that are illustrated. The graphs and charts can be technically accurate in that they display correct numerical values, while also being misleading if they invite people to draw inappropriate conclusions. Yang and colleagues (2021) conducted five studies that examined the conclusions people draw from bar charts that violate a fundamental principle of data visualization, specifically the "y-axis truncation" of bar charts....

How does defendant ethnicity and immigrant status affect sentencing in capital cases? Online Jury Research Update

October 1st, 2021|

During penalty phase deliberations in capital cases, jurors are expected to weigh legally-specified aggravators and mitigators to reach a sentence of life in prison without parole or death. Jurors typically are instructed to exclude extralegal factors irrelevant to the decision. Examples of extralegal factors include a defendant's ethnicity and immigrant status. West and colleagues (2021) explored how mock jurors used aggravators and mitigators when making capital sentencing decisions of defendants of differing immigrant statuses and ethnicities....