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The Jury Expert for May 2010 is uploaded

Monday, May 24, 2010
posted by Rita Handrich

I’ve been editing The Jury Expert since we turned it into a digital/on-line publication in May of 2008. We’ve gone from a struggling print publication with fewer than 500 readers to a highly anticipated publication with more than 23,000 readers per issue. The May 2010 issue has just uploaded and you might want to take a look at some of these pieces—all freely accessible, 24/7/365 and designed to improve your litigation advocacy.

Atticus Finch Would Not Approve: Why a Courtroom Full of Reptiles Is a Bad Idea

by Stephanie West Allen, Jeffrey M. Schwartz, Diane F. Wyzga

This article questions the widespread acceptance of the ‘Reptile Theory’ and proposes an alternative to instilling fear in jurors. Four trial lawyers respond. Don’t miss the comments at the end of the article—a real discussion is taking place as to why or why not this model is a good one to embrace.

The Shrinking Strike Zone: Avoiding Problems During Jury Selection in the Age of Batson

by Sean G. Overland

Here you’ll find an overview of the Batson decision and a comprehensive look at new rulings that modify how we need to think in terms of Batson challenges. Recommendations for attorneys and trial consultants are included.

The Biggest Bully In the Room

by Trisha Renaud

We’re hearing numerous stories about juror intimidation in the deliberation room. Here those stories are reviewed and recommendations made for minimizing such experiences.

Less Bad News: What Defense Advocates Can Learn from the Duke Lacrosse Case

by Robert M. Entman and Kimberly A. Gross

Two journalists discuss media issues surrounding pre-trial publicity using the Duke lacrosse case as an example. Three trial consultants provide reactions and further frame the article in terms of litigation advocacy.

Beneath the Robes and Behind Closed Doors: Why Supreme Court Justices Behave as Jurors

by Ryan A. Malphurs

A look at how Supreme Court Justices make decisions and applying sense-making theory to help frame their decision-making processes.

Does Jury Size Still Matter? An Open Question

By Jill P. Holmquist

A review of how jury size has been determined and modified over the years and a call for discussion of whether jury size should remain at 12, drop to six, or whether it matters depending on case and venue.

If They Don’t Like You, They Won’t Hear You: An Essay on Persuasive Communication

by Steven E. Perkel

Looking at persuasion through the frame of attorney likeability. What would Aristotle say about persuasion and likeability? How about Justice Scalia? (Yes, Scalia.)

Courtroom Nostalgia: The Rural American Courthouse

Just for fun. Trial consultants recall rural courthouses with sometimes violent histories but where metal detectors still do not exist.

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