About Douglas Keene

This author has not yet filled in any details.
So far Douglas Keene has created 55 blog entries.

Your best bet for an expert witness is a friendly  nerd rather than an attractive scientist

May 31st, 2017|

And it doesn’t really matter if the expert is male or female, if they are young or old, and they can be any ethnicity! In other words, said the researchers—the variables we have read so much about (i.e., gender, age, ethnicity) are not as notable as whether someone “looks like” our stereotype of a “good scientist”. Very intriguing in the search for the “perfect expert”. The researchers completed six separate studies and we want to give you the results using their words because the findings are so very consistent across the studies. In the first two studies, the researchers asked

Cassandra’s Regret: The Psychology of Not Wanting to  Know

May 26th, 2017|

Do you want to know the future? You may want to say it all depends on which aspects of your future. Typically, while we seek information routinely to make decisions in our day-to-day lives, we don’t always want to know for sure what will happen in our futures. These researchers remind us about the story of Cassandra in Greek mythology. “According to Greek mythology, Apollo granted Cassandra, daughter of the king of Troy, the power of foreseeing the future. Yet after his failed attempt to seduce her, he placed a curse on her so that her prophecies would never be

Watch for these changes in prospective jurors: Demographic  trends for 2017

May 22nd, 2017|

If you read this blog routinely, you know we like the work done by the Pew Research Center that keeps us abreast of how demographic patterns are changing. They’ve done it again with some trends for us to watch as 2017 marches forward. Here are some of the highlights from their report on how the world around us is changing. Millennials are now the largest generation in the US. In 2016, according to this new report, there were about 79.8M Millennials (aged 18 to 35 in 2016)compared to about 74.1M Boomers (aged 52 to 70 in 2016). The Millennial population

Those who only kill children are neuro-psychologically different from other murderers

May 17th, 2017|

Of course it isn’t a surprise that they are gravely disturbed, but who knew it was neuropsychological?  This is an article from researchers at Northwestern University and looks very specifically at similarities and differences in the neuropsychological test scores of those who killed only children and those who killed some adults as well as children. The researchers start by telling us that the murder of a child is among the “rarest and least understood categories of homicide”. It is a fairly gruesome inquiry that the researchers say is made all the more necessary with media coverage that has mostly focused

Lies, lies and more lies: An update on deception research 

May 5th, 2017|

All this week, we have focused on research about lying but there are multiple other articles we want to share with you that will not require a full post. Think of this post as an update on deception that will aid you in preparation for court (and life in general). Small, self-serving lies change our brain and make us more likely to lie for personal gain It really is like a slippery slope. Like much deception research these days, this project used fMRIs to scan participants brains while they lied. First they told small lies and their brain’s amygdala lit

The illusion of truth (which is why you should never  repeat fake news)

May 1st, 2017|

It’s been all about “fake news” for a while now and here’s a study telling us to just stop talking about it. Well, sort of. What it actually says is even when we have knowledge to the contrary, if we hear something repeated enough—we come to believe it. Hence, our recommendation that we need to all stop repeating fake news—even if our comment is on how ridiculous it may seem. It is as if the false statements morph when repeated enough from outrageous to familiar to having a ring of truth. Merely by repetition. It’s a bit like the dictum

Your Black client is much more likely to be wrongfully convicted

April 5th, 2017|

Those of us who’ve been around for a while have heard this repeatedly. But, lest you think times are changing, here’s some sobering data from a March, 2017 report co-edited by a Michigan State University College of Law Professor. From the beginning, this is a disturbing report. Here’s how it starts: African-Americans are only 13% of the American population but a majority of innocent defendants wrongfully convicted of crimes and later exonerated. They constitute 47% of the 1,900 exonerations listed in the National Registry of Exonerations (as of October 2016), and the great majority of more than 1,800 additional innocent

Simple Jury Persuasion: The SPOT (Spontaneous Preference  for Own Theories) effect 

March 20th, 2017|

It’s been a while since we’ve had a new cognitive bias to share with you. Previously we’ve blogged on many different biases and here are a handful of those posts. Today’s research paper combines three biases—two of which we’ve blogged about before: the better-than-average effect, confirmation bias and also, the endowment effect. The endowment effect is the “(irrational) added value” we place on things just because they belong to us and not to someone else. So, today’s research was described over at BPS Digest (a reliable source for accurate summaries), and it’s a bit odd. For the sake of brevity,

So…how do you see or hear “smart??? in voir dire? 

March 15th, 2017|

After we published that “molecular genetics overlap” post showing curiosity is found in smart people—one of our readers asked exactly how you “see” smart during voir dire. The question was posed on Twitter but the answer is not exactly expressed in 140 characters—so we’re doing it here. Among other things, we made these comments in that post: All we need to do is look to see who is smart and we will then know we can select curious jurors (while considering whether our client’s case benefits from higher levels of intelligence and curiosity). And, as we often say to our

Facts [still] don’t matter: the 2017 edition 

March 10th, 2017|

When we began this blog in 2009, the reality that facts don’t matter was one of the first posts we wrote. We wrote again about this reality back in 2011. And we’ve written about it several times since then so…here we go again! In this new era of fake news and fake news allegations, we’ve seen a surge in the number of “fact checkers” employed by the media to verify accuracy of statements made by people in this country’s leadership. Some think the publicizing of fact checking can be effective against the spread of misinformation. New research (conducted during the