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So far Author Unknown has created 331 blog entries.

How does the burden of proof standard affect guilty verdicts? Online Jury Research Update

August 7th, 2022|

The law assumes that proof beyond a reasonable doubt, clear and convincing evidence, and preponderance of evidence are standards of proof providing defendants with different degrees of protection on a sliding scale, with beyond a reasonable doubt providing the most protection. White and Cicchini (2019) tested whether jurors distinguish between the high burden required by proof beyond a reasonable doubt and the lower burdens of proof required by clear and compelling evidence and preponderance of the evidence. A total of 495 jury-eligible adults in 45 states....

How do deception expectations affect negotiations? Online Jury Research Update

August 5th, 2022|

Opportunities for deception are common in negotiations, and expectations about negotiation deception matter. Mason and colleagues (2018) conducted eight studies on negotiation deception. Five studies identified the nature of negotiators' expectations about negotiation deception. Three studies tested how negotiators' expectations about others' ethical practices influence negotiators' own decisions to be deceptive or honest in negotiations....

Are defendants more often found liable with general or special verdict forms? Online Jury Research Update

July 24th, 2022|

Using a general versus specific verdict form can affect the liability decision made by a jury. Schmidt and Diamond (1998) examined the effect of verdict forms on liability judgments in a products liability case. Jurors given a general verdict form were nearly twice as likely to favor the plaintiff as those with the special verdict form....Burd (2018) explored how liability decisions are influenced by the type of verdict form used and the necessity to justify the liability verdict in a defamation case....

The Online Courtroom: Hybrid and Remote Trial Considerations — PART 3 (Look at Me!)

July 11th, 2022|

 Bad Hair Day, Messy Hotel Room DayNOTE: This series will cover what happened, how we've adjusted, where we are now, and where we're headed. We will also offer numerous tips, tricks, and best practices for hybrid and remote trials.When is the last time you joined a Zoom meeting, only to realize the total disaster you were displaying to everyone? Maybe you're having a bad hair day, messy background day, or even a sun-suddenly-broke-through-the-clouds-and-started-blazing-in-through-the-window-directly-behind-you-as-soon-as-you-turned-on-your-webcam-day. Hey, things happen. But -- many of these little disasters are actually preventable.You might already know there are settings you can use to allow or prevent your webcam

When does juror exposure to negative pre-trial publicity affect deliberations? Online Jury Research Update

July 11th, 2022|

Pre-trial publicity (PTP) related to a case often is both sided and slanted, emphasizing primarily negative information in an unbalanced manner about either the defendant or the injured party. Ruva and Guenther (2017) examined how juries made up of jurors exposed to various types of negative pre-trial publicity differ in their deliberations and decision-making from juries comprised of jurors exposed either to no PTP or only one type of PTP....

Do jurors distinguish illustrative and substantive demonstratives when awarding damages? Online Jury Research Update

July 6th, 2022|

Evidence can be presented to jurors both verbally and visually, and if visual, as either an illustrative or substantative demonstrative. A substantive demonstrative has independent probative force, providing independent proof of a fact at issue in the case. Illustrative aids give visual form to other evidence, but provide no independent proof of that other evidence. Park and Feigenson (2021) conducted three studies that examined the effects of demonstrative evidence on mock jurors' pain and suffering damage awards....

The Online Courtroom: Hybrid and Remote Trial Considerations — PART 2 (Lights, ___, Action)

July 3rd, 2022|

 NOTE: This series will cover what happened, how we've adjusted, where we are now, and where we're headed. We will also offer numerous tips, tricks, and best practices for hybrid and remote trials.Cameras are the only new major component needed to enable hybrid trials, which have quickly become the most common format. With skyrocketing travel costs, it makes economic sense to have a witness appear remotely from another part of the country -- or even from another country. Even a daily commute can be avoided by many members of a trial team, allowing those back at the war room to watch

The Online Courtroom: Hybrid and Remote Trial Considerations — PART 1

June 27th, 2022|

 Order "The Online Courtroom"NOTE: This series will cover what happened, how we've adjusted, where we are now, and where we're headed. We will also offer numerous tips, tricks, and best practices for hybrid and remote trials. Looking back at our trial calendar, I added a note on March 9, 2020: COVID-19 BUSINESS STOP. I was at home in Southern California's South Bay (I also have a home office in the East Bay Area in Northern California), and the next important note I see is on March 27, 2020: BEACHES AND PIER CLOSED. Now, it's certainly a big deal when all the