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So far Author Unknown has created 331 blog entries.

Creating a Successful Roadmap at Trial

May 24th, 2022|

It’s fantastic being back on the road. Zoom projects were great and can still be, but there’s nothing like being in the room with ten to twelve strangers debating serious topics, struggling to understand highly complex information, and then figuring out how to use that information to convince others in the room that they are right. It’s a frustrating, entertaining, informative, eye-opening, funny, and humbling experience.  From Seattle to Miami, Oakland to Trenton, and Houston to Chicago, two things are abundantly clear: 1) people are people; and 2) people are different. What?! Here’s what I mean: no matter the case

Rethinking Your Assumptions About PowerPoint Slides

May 5th, 2022|

I was recently teaching a class on visual learning, memory, and attention. I asked the participants to make a list of good rules for designing effective visual messages in slide shows, and I got the answers you might expect. Students said things like “use fewer slides,” “keep the backgrounds light and simple,” “use section headers and signpost for the audience,” etc. These answers aren’t surprising as they reflect much of the conventional wisdom on what makes for effective and persuasive slides. The problem is this: most of what people know about visual message design runs afoul of what brain science

Are eyewitness memories distorted by talking with other witnesses? Online Jury Research Update

May 1st, 2022|

Multiple witnesses often observe an incident and, on average, 86% engage in post-event discussion with their co-witnesses (Paterson and Kemp, 2006). Witness communication can contaminate the memories of co-witnesses. Information suggested by one witness becomes, over time, part of other witnesses' memories and the other witnesses then remember seeing information which they only heard from another eyewitness. Co-witness communication leads to conformity in memories across witnesses....Garry and colleagues (2008) investigated co-witness suggestibility by having pairs of participants sit together and watch a crime video....

3 Common Defense Themes That Routinely Fail

April 26th, 2022|

“So, you’re telling me there’s a chance,” Lloyd happily declares in Dumb and Dumber as his dream girl clarifies that his chances of a relationship with her are “more like one in a million” than one in a hundred. It is this same absurd and unreasonably optimistic view that I imagine must drive defense attorneys who rely on the same old, failed defense themes over and over again. The best defense themes are the ones that grab jurors’ attention immediately and draw them in. They show jurors there is an entirely different world to the case than what they

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

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)