You have searched the The Jury Room blog archives for 'tattoo'. If you are unable to find anything in these search results, you can try one of these links.

Follow me on Twitter

Blog archive

We Participate In:

You have searched the The Jury Room blog archives for 'tattoo'. If you are unable to find anything in these search results, you can try one of these links.

ABA Journal Blawg 100!

Subscribe to The Jury Room via Email

Enter your email address to subscribe to this blog and receive notifications of new posts by email.


Search results

hot-hot-hotIt’s time again for a combination post of things that didn’t make the cut for a full post but that we thought interesting (or odd) enough to want to share with you. We hope you enjoy this latest collection of factoids that will make you memorable when (and if) you re-share them.

Hot, hot, hot: And it isn’t a good thing for good behavior

We’ve written about the negative impact of hot, hot, hot weather before and here’s another story supporting the idea that there is a link between summer heat, bad moods, and poor self-control. When, according to a new study published in the journal Environmental Research, people report they lack energy or feel tired during the heat of the day, they were also more likely to report being stressed and angered. Lest you think this is a small scale study, the study looked at the reactions of 1.9 million Americans. The researchers think that, even if you live in a very warm climate, you are no better at adapting to it than those living in a cooler climate. (This is bad news for those in the southwest.)

However, it looks as though simply looking at pictures of cold weather can help you to improve your self-control. All you need to do is look at cold photos and imagine yourself being there—it will improve your self-control (which is good news for those in the southwest since we sure don’t want to live “there”). Perhaps hot and muggy locales need to post large billboards of icy landscapes and encourage viewers to think about what it would be like to be there rather than in the heat. Hmmm.

And as a helpful aside, the summer of 2016 has been, according to the NASA Earth Observatory, the hottest on record in 136 years! That’s hot! If you’d like to see the graphic illustrating this post in an animated gif form that covers 35 years, look here.

Will you learn more in a physics lecture if your instructor is attractive to you?

Apparently so. This is a research paper that attempted to test information from the popular website which apparently now asks students to “rate the hotness” of their instructor. (As though the tenure process was not difficult enough—now you have to suffer the indignity of how “hot” your students think you may be? Wow.) According to research published in The Journal of General Psychology, physics students who thought their instructor was attractive actually learned more as measured on quizzes following the lectures. The difference was “small but significant”. While you can read the full text of the article here, it was summarized accurately by Christian Jarrett over at BPS Research Digest.

Are pot smokers increasing or are people just responding more honestly to survey questions?

It’s hard to say but Gallup tells us that 13% reported being current marijuana users in an August 2016 survey—and that number is up from just 7% in 2013. The more often you attend church services, the less likely you are to report using marijuana. Further, one in five adults under the age of 30 report current use—and this is at least “double the rate seen among each older age group”. Gallup points out that nine different states are voting on marijuana legalization this fall and legalities could significantly shift. Perhaps Gallup should speak to the Drug Enforcement Association who recently announced marijuana would stay a Schedule 1 drug (like heroin and other drugs with “no medicinal value”).

How often do you check your smartphone? 

You will have trouble believing this one! According to a recent survey, the average American checks their smartphone between 150 times a day and in the UK, it’s even higher! . We’ve written a lot here about smartphones and our increasing use and dependence on them—as well as the distractions caused by them while walking, working, and serving on juries. Time Magazine recently published an article on smartphone addiction that is worth reading—it’s eye-opening (which is the first time many of us grab our smartphones—even before we get out of bed).

Who owns your tattoo? The answer is apparently not entirely obvious

A recent article in The Conversation, tells us that while more than 20% of Americans have at least one tattoo (and 40% of Millennials)—your own tattoo could be violating either (or both) copyright and trademark rights and tattoo-related lawsuits are not uncommon. If you have or plan to have a tattoo—you likely want to read this one!

Identifying liberals and conservatives in voir dire (a shortcut when time is tight?)

This is a ridiculous study out of the UK which concludes that the taller one is, the more likely they are conservative. We do not recommend using this in voir dire, but here are a few author quotes:

“If you take two people with nearly identical characteristics – except one is taller than the other – on average the taller person will be more politically conservative,” said Sara Watson, co-author of the study and assistant professor of political science at The Ohio State University.”

How big were these differences? “The researchers found that a one-inch increase in height increased support for the Conservative Party by 0.6 percent and the likelihood of voting for the party by 0.5 percent.”

And there were gender differences—although they were not statistically significant! “The authors discovered that the link between height and political views occurred in both men and women, but was roughly twice as strong for men.”

The article itself was published in the British Journal of Political Science but there seems to be a version of the paper here. We will not use this one as our eyesight is not good enough to tell a 0.6% difference in height when potential jurors are seated.

Noelke, C., McGovern, M., Corsi, D., Jimenez, M., Stern, A., Wing, I., & Berkman, L. (2016). Increasing ambient temperature reduces emotional well-being Environmental Research, 151, 124-129 DOI: 10.1016/j.envres.2016.06.045


Comments Off on This and that: Heat, attraction, smoking pot,  smartphones, tattoos and stature

Tattoo women 2015We write a lot about tattoos here—perhaps because we have Millennial aged kids and at least half of them have tattoos.  Okay, more than half. The meaning of tattoos has changed over the years and there seems little stigma still associated with them any longer. The authors of new research on college students (2,394 of them from six different North American public universities, most between 18 and 20 years of age, 67% White and 59% female) opine that a “single rose or zodiac sign [tattoo] is no more edgy today than the Beatle haircut in the early ‘60s”.

In their review of the literature, the authors indicate that tattooed individuals are more likely to be risk-takers and to have a need to express their uniqueness. While historically the opposite, more women (23%) than men (19%) now have tattoos. However, women—in addition to being more likely to have tattoos—are also more likely to seek tattoo removal. There appears to be a relationship between having tattoos and having a history of emotional, physical or sexual abuse and in fact, there is a relationship between having multiple tattoos and also having a history of suicide attempts.

These researchers wanted to update the research on tattoos and well-being and here are some of their major findings:

Females were more likely to report at least one suicide attempt and to have lower self-esteem and more depression.

The number of tattoos on any one individual had no association/relationship to suicidal thoughts (aka ideation) but was related to reports of at least one suicide attempt, to depression, and to self-esteem (higher self-esteem).

Suicide attempts were related to depression and suicidal thoughts. Higher self-esteem was more likely to occur in the absence of suicide attempts.

A fair reading of those two sentences raises some odd questions. How can it be that among those who report depression and suicide attempts there is a boost to self-esteem? It may speak to two (or more) subgroups within the younger tattooed population. So the researchers wanted to learn more—particularly as higher numbers of tattoos have been associated with greater amounts of deviant behavior in past research. So they dug in (statistically speaking) and found a bit more.

The level of self-esteem among those with tattoos increased as they got more tattoos. For example, those with four or more tattoos reported one or more prior suicide attempts (and this was at a rate three times higher than those with no tattoos at all). For women with four or more tattoos, the suicide attempt rate was even more dramatic—almost four times higher than among those without tattoos.

But where does the increased self-esteem enter the picture? Overall, the self-esteem of women was lower than the self-esteem of men participating in the study. (This is not really a news flash since women do tend to report higher depression and lower self-esteem than do men.) However, as the researchers continued to statistically delve into their data, what they found was that while women with four or more tattoos did have a history of prior suicide attempts they were also more likely to have higher self-esteem. It is, say the researchers, as though there is something restorative and life-affirming for women about getting tattooed.

“We know that breast cancer survivors sometimes get tattoos in an effort to express, control, or reclaim ownership of their bodies.”

Perhaps, they say, women who are struggling with depression and/or suicidal thoughts seek out tattoos and imbue the process with meaning or symbolism that elevates their self-esteem and is therefore emotionally restorative. It’s an intriguing statement. And certainly a more positive one than saying that when you have multiple tattoos you are likely deviant.

From a litigation advocacy perspective, this research tells us to, once again, keep up with the times and the changing meanings of tattoos. Rather than a sign of deviance—perhaps that young woman with at least four visible tattoos is a survivor of trauma who has reclaimed her life. And that simple fact may move her from being a juror you might think is anti-social or unreliable, to one with a compelling story and persuasiveness, who can lead a deliberation focused on themes of re-invention, reclaiming the self, and rising above negativity.

Koch, J., Roberts, A., Armstrong, M., & Owen, D. (2015). Tattoos, gender, and well-being among American college students. The Social Science Journal, 52 (4), 536-541 DOI: 10.1016/j.soscij.2015.08.001


Comments Off on Tattoos as a restorative act (for college-aged women anyway) 

tidbits 2015Here it is, the penultimate (that means one more is coming!) 2015 collection of things you may find intriguing to know (or not) that we found in our travels but to which we do not choose to devote an entire post. For the most part, these tidbits are based in scientific research and have helped some academic somewhere to obtain tenure. And for that, they deserve to be publicized in some form—right?

Men—are you strangely drawn to women with ponytails? 

No? Then you reflect some new research just published in the Scandinavian Journal of Psychology and you likely prefer women whose “hair falls naturally on her neck, shoulders and upper back”. This is one in a series of articles by academic researcher Nicolas Guégen and his female confederates. Guégen (who appears to do some fairly odd research) had the confederates walk down the street with their hair either loose, or in a ponytail or in a bun and had them “accidentally drop a glove”. And they found that men (although not women) were more likely to help women with their hair down (as opposed to those in a bun or ponytail). In the event you are interested, Guégen has also done experiments which prove men prefer women in high heels and that men approach women with larger breasts more often than they approach women not as well endowed. And yes. He has indeed made tenure with this “body of work”. At the risk of digressing, it also leaves us to wonder what organizations funded his research grants.

Solving a problem like an earworm… 

We’ve been intrigued with the concept of earworms for a number of years now as previous blog posts attest. What is an earworm? It is something most of us have experienced—in brief, it’s when a song gets stuck in your head and will not go away. For most of us, it lasts briefly (although it may not feel that way)—yet for some, it becomes chronic.

But this has got to be some kind of record! Here’s a woman who’s had the same earworm for more than three decades! It’s just nine notes from a tune she has never been able to name. And as you might imagine, she is writing about the research on how to stop an earworm. She also says none of those techniques worked for her—but in all fairness—she can’t do one of them since she has no idea what the song is from whence her earworm sprang. Another candidate for publication in the Journal of Irreproducible Results.

Are tattooed college student women trying to disassociate from their past?

Speaking of odd topics for tenure—how about college women with tattoos? [And on a completely unrelated note, tattoos are also a topic with which we’ve been intrigued. But when you are faced with a venire full of tattoos, where else are you going to turn for understanding about whether it should matter to your case?]  Jerome Koch has made his academic path on the topic of tattoos and college students—starting in 2002 and continuing through the present. In an upcoming article for Social Science Journal (cited below), Koch found that women are twice as likely as men to want to have tattoos removed—presumably in an effort to dissociate from their past. However, the addition of a tattoo could also serve the same desire to dissociate from their pasts. Hmmm. Perhaps you will see a full blog post on that article after all!

You know you’ve been wondering about the evidentiary impact of emoticons and emojis

Well, wonder no more because Davis Wright Tremaine, LLP covers the literature on the issue and even shows us the difference between emoticons (the traditional made from keyboard symbols) and emojis (the modern version of the emoticon—😂—this  one is ‘tears of joy’ which apparently has appeared in  nearly 1B tweets in the last two years). This is an entertaining and amusing read since they review litigation in which emoticons and emojis prominently feature.

Koch, J., Roberts, A., Armstrong, M., & Owen, D. (2015). Tattoos, gender, and well-being among American college students. The Social Science Journal DOI: 10.1016/j.soscij.2015.08.001


Comments Off on Ponytails, earworms, tattoos on college women,  and emoticons

millennial tattooWe’ve written a lot about tattoos here and this writeup is going to be a little different from most of our posts. Rather than spending time on the research findings, we want to cite some of the more unusual and surprising findings the author reviews as a prelude to her results.

So, to be brief, the researcher found that Millennials are growing up and yes, they do know tattoos may be frowned upon in some parts of the business world. Further, many of them say that they will consider how able they will be to conceal a new tattoo in business attire as they approach the job market. That isn’t that surprising to us at all. What was surprising was some of the literature the author cited as she reviewed (oh the many) reasons someone should talk to Millennials and make sure they realize tattoos are permanent and may keep them from getting hired.

Here are just a few of the findings she cites in her review of the literature:

There is a Facebook page called “Tattoo Acceptance in the Workplace” which has over 2 million “likes”! (It seems to be more a place to show your art than to talk about the issues related to having tattoos in the workplace.)

A 2012 study showed that customers who have tattoos are more likely to trust salespeople who also have tattoos and that people associate more positive traits to salespeople with “feminine tattoos”.

Another survey completed in 2012 in a rural hospital showed patients did not view male health care professionals with tattoos positively. Caregivers with tattoos are seen as “unsanitary” or “dirty”. It is imagined that the judges of the tattoos are not, themselves, owners of tattoos. No ink-bonding there. Another 2010 health care setting survey resulted in concerns about infection control since tattoo cover ups could hamper good washing of the hands. We imagine that there is concern that some people who cover up tattoos don’t realize that they need to be uncovered for the sake of cleaning skin. An odd concern, we think.

Undergraduate accounting students in 2011 thought accounting professionals should not have visible tattoos (even though 26% of the survey participants had their own tattoos!). Further, those students had less confidence in the tattooed accountant and were less likely to recommend the services of a tattooed accountant.

A man in Pennsylvania sought employment as a “Liquor Enforcement Officer” in 2012 and was told in order to be hired he would have to remove his tattoos. He filed a lawsuit alleging multiple violations and the US Court of Appeals for the Third Circuit upheld the lower court ruling (for the Defendant) saying “having a tattoo is not a fundamental right”.

Another ruling in 2006 involved lawsuit by several police officers who claimed their police chief did not have the authority to force employees to cover up tattoos because they were “offensive” or “unprofessional”. The court said that public employees may expect to have their first amendment rights more curtailed in order to “promote effective government”.

It is intriguing that self-expression tends to lose in court. Even more so, it is a testament to the power of the tattoo to divide even those with tattoos. Tattoos are going to be judged and they are almost always going to be judged negatively (even by those who also have tattoos)—so if you are a tattooed attorney or have a tattooed client, you may want to cover your own and have your client cover theirs as well while in court.

Foltz, KA (2015). The Millennial’s perception of tattoos: Self expression or business faux pas? College Student Journal


Comments Off on Does the Millennial know that tattoo might be a business  faux pas?

beard and tattoosRecently we blogged about an emerging demographic subgroup: the lumbersexual. After reading the flurry of mainstream media articles about this group, here is how we described them:

“As far as we can tell, the lumbersexual is an urban male (typically White and heterosexual) who dresses like a lumberjack even though he is far from a lumberjack. While it is a recognizable fashion statement, there are (as yet) no attitudes, values and beliefs attributed to the lumbersexual. While there is a sense that these are men trying to look “like real men” according to a hyper masculine definition—there is no evidence that their attitudes, values and beliefs would line up with what we think of as stereotypically masculine.”

This was an emerging demographic subgroup observed in society fashion pages and written up in the mass media. We wondered if there would be research emerging to tell us more about the lumbersexual as a group. Are they conservative like the “real men” they emulate in dress or are they hipsters in search of a new look? We did not have to wonder long because, just like that, the academics weighed in with a refinement of the emerging stereotype.

You may notice that the male illustrating this post looks less like a nerd wearing lumberjack clothes and more like a male model with a colorful tattoo sleeve and an untrimmed beard. That is no mistake. The researchers we write about today see the beard and the tattoo (along with any existing piercings) as a way the male decorates himself to be more attractive to potential sexual partners. Yes, these researchers would be of the evolutionary psychology persuasion.

The researchers look at coloration and various “ornamentation” (think orange butts, big brightly colored noses, the beards of howler monkeys, and so on) and related sexual prowess in monkeys of various sorts and then apply their thoughts to human males who decorate themselves with beards and tattoos because, well, it just makes perfect sense to the evolutionary psychologist to make this (gigantic) cognitive leap.

They cite research showing that human males with beards, for example, receive higher ratings of aggressiveness, age and masculinity, but not attractiveness compared with non-bearded men. This means, say the researchers, that other men are cowed by the physical superiority of the bearded man and so they step back which leaves the bearded (and perhaps tattooed and pierced) man more access to the partner of their choice. They also attribute the same level of success to the bald man since baldness is a sign of increased testosterone and thus intimidates other men.

We actually wrote about how bald men cannot help but exude authority, confidence, power, and masculinity back in 2012. [If that sounds crazy, read the post!]

From a litigation advocacy perspective, these researchers would probably say that the bearded (and otherwise adorned male) human would be more of a leader than the non-bearded male human—their rationale would be that from physical observation the bearded male would be seen as more masculine and powerful. They would likely hold the same view of the man with the bald head (or shaved head).

We are not evolutionary psychologists and we beg to differ. Sometimes men with beards are leaders in the jury room and sometimes they are not. It isn’t so much about having or not having a beard or having or not having a full head of hair—it’s about life experiences, beliefs, attitudes and values (one of which may be presenting oneself as a more masculine man), and charisma. Overall, despite this research, we would encourage you to look for other indicators of leadership than the presence of a beard or a bald head (even when both are present in the same potential juror!) as you engage in voir dire and jury selection.

Grueter, C., Isler, K., & Dixson, B. (2015). Are badges of status adaptive in large complex primate groups? Evolution and Human Behavior DOI: 10.1016/j.evolhumbehav.2015.03.003


Comments Off on Lumbersexuals with tattoos: Are they new and improved?