How do bifurcated versus unitary trials affect jurors’ verdicts? (July, 2007, Issue 5)

July 24th, 2007|

Horowitz and Bordens (1990) studied the effects of bifurcated versus unitary trials in a mass toxic tort case that was based on the facts of Wilhoite v. Olin Corp., CV 83-5021 (N.D. Ala. 1985). In this research, over 760 jurors heard, in some form, a four-hour videotape that presented issues of causation, liability, compensatory damages and punitive damages. Some jurors participated in a unitary trial, hearing all the issues at one time before rendering a verdict. Other jurors participated in a bifurcated trial, rendering verdicts after causation, liability and/or compensatory damages, before proceeding to punitive damages...

What do jurors expect of product manufacturers? (June, 2007, Issue 6)

June 28th, 2007|

Plaintiffs frequently argue that their personal injuries are caused by product defects. In such cases, jurors' attitudes about product manufacturers are critical. Hans and Lofquist (1992) interviewed, post-trial, 141 jurors who had served on cases involving businesses and corporations, and representing a broad spectrum of business issues including worker injuries, asbestos and product liability cases, consumer injuries in the workplace, and automobile accidents in which a business vehicle was involved...

Do jurors recognize that trial evidence is selective and not all of the facts? (June, 2007, Issue 4)

June 19th, 2007|

A key feature of the American legal system is that the litigants control the production and presentation of evidence. Two impacts on evidence presented at trial happen as a result of this key feature. First, the evidence heard at trial is a selective and non-representative sampling of facts offered to suit the interests of the litigants. Second, investigators frequently generate evidence by combing through large bodies of information for relevant facts. Broad investigations may turn up circumstantial evidence that appears to be highly probative of a claim, but which is actually coincidental. Having multiple opportunities to search for evidence increases

Does ingratiation in voir dire affect trial outcomes? (June, 2007, Issue 2)

June 5th, 2007|

Attorneys frequently try to ingratiate themselves to jurors, judges, and courtroom personnel to increase their personal likeability and improve trial outcomes for their clients. Tactics used to bond with jurors range from exaggerating confidence in the venire, offering extreme courtesy towards jurors, joking with the panel, feigning concern about the health and welfare of jurors, and making mutual acquaintances known. Attorneys face a dilemma in their ingratiation efforts. If ingratiation is too subtle, then it will go unnoticed and no liking will be generated for them or their clients; on the other hand, if ingratiation is laid on too thick,