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It makes sense. If someone is rude to you, you might become grumpy and be rude in response, or rude to those who cross your path in the wake of the mistreatment. You may think of this as a small issue but new research shows us that rude behaviors are actually harmful—and, in fact, as harmful as other negative but illegal behaviors such as harassment or discrimination. This is not really a new finding as it’s been around since the initial introduction to workplace incivility. Some would say that workplace rudeness and workplace incivility cause the “death of a thousand cuts” and we would not disagree. While not fatal in and of themselves, the cumulative effect results in much distress. And if distress isn’t enough to promote change, it also produces job dissatisfaction, decreased productivity, and employee turnover. It’s about feelings, and it’s about money.

Today’s researchers wanted to figure out if rudeness in the workplace was contagious—much like the common cold. So they conducted three separate studies to explore this question.

In Study 1, the participants were 90 graduate students (average age 25; 65% White and 62% male) enrolled in a 7-week negotiation course. Over the duration of the course, students met weekly and were paired with up to 16 different classmates to practice various negotiation exercises. Following each negotiation exercise, participants completed an online questionnaire about their experience with the fellow student.

The researchers found that when the participant felt they’d been treated rudely by a negotiation partner, their own behavior toward future negotiation partners deteriorated. In other words—the rudeness contagion can occur on the basis of a single encounter.

For Study 2, the researchers wanted to see if being treated rudely would result in what they refer to as “activation of the associative network” for rudeness. Participants were 47 undergraduates (average age 20.35; 57% female; 68% White, 16% Hispanic, 8% Asian, and 4% African-American) enrolled in a management course. Participants arrived at the experiment in groups of six and first completed a personality questionnaire. That really was just a way to kill time though as the researchers were really more interested in what would happen after the “rudeness manipulation”.

After the 6 participants had all completed the personality questionnaire, there was a knock at the door of the experiment room and someone arriving late. The investigator was either rude to the late arrival (“I don’t know how you expect to hold any sort of job in the real world with this type of behavior but it’s too late for you now”) or not rude (“Email me later and we’ll see if we can find another session to get you in”). Then the real experiment began: participants did word identification tasks where they were asked to identify the category for each word (i.e., a rude word, a noontide word, an aggressive word, or not a word at all).

Individuals who’d seen the experimenter behave rudely responded to categorize the rude words more quickly than individuals who’d seen the experimenter behave politely. The researchers say that in this sort of task, a faster response time to rudeness words only means the concept of rudeness was activated by the experimenter’s rude behavior.

In Study 3, 147 undergraduate students in a management course (age range from 18 to 54 with a median age of 20; 68.5% White, 6.8% African American, 13.7% Hispanic, 7.5% Asian, and 3.4% “other”) were asked to participate in a study involving rudeness in the workplace. Participants were divided into groups and first saw videos of either an employee acting rudely (or politely) to a fellow employee. In the second stage, they saw emails of a customer addressing an employee rudely (or neutrally, or aggressively). After they had seen the videos and emails, participants were asked to decide how to divide up a reward for participation between themselves and a customer who’d expressed concerns (rudely, neutrally, or aggressively).

The results were similar to Study 2. Participants who saw the rude employee were more likely to not share resources equally with the customer whose email they’d seen. In other words, rudeness not only is contagious but also results in negative behavior from the person who was rudely treated.

Overall, the researchers conclude that rudeness is indeed contagious and that the contagion can result from a single exposure. Further, the contagion is not just about being verbally rude but can result in rude behaviors as well. The researchers recommend that workplaces pay attention to the “impact of low-intensity negative behaviors” like rudeness (or incivility). They believe that if these low-impact behaviors (e.g., rudeness and incivility) are not curtailed in the workplace, they will spiral into “higher-impact behaviors” with negative consequences (although employees may not understand the source of their rude behavior and may be unable to stop themselves from passing it on). The implication of this is that it can create a cascade of negative behavior, and result in a negative work culture that undermines job satisfaction and cooperation.

It’s an interesting study when considering the current-day law firm (or any organizational setting). While there are laws against harassment and discrimination, there are no laws against being rude or uncivil and many organizations simply tolerate rude behavior with a shrug of “that is just how that person behaves”. Yet, this research says that allowing rude behavior to remain in your workplace heightens the probability that you will see rude and otherwise inappropriate behaviors escalate until they potentially reach legal liability level. Unlike ten years ago, we now have tools to teach workplace managers so a workplace absent-rudeness can be achieved. It’s a worthwhile goal. For both worker happiness and the bottom line.

Foulk, T., Woolum, A., & Erez, A. (2015). Catching Rudeness Is Like Catching a Cold: The Contagion Effects of Low-Intensity Negative Behaviors. Journal of Applied Psychology DOI: 10.1037/apl0000037

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evangelicosAt least those are the findings of the Religious Understandings of Science (RUS) study which is based on a “nationally representative survey of more than 10,000 Americans”. Sponsored by the American Association for the Advancement of Science (AAAS), this study (completed in early 2014) hit the media about a year later. Sociologist Elaine Howard Ecklund conducted the study and says evangelicals are actually less conflicted about the relationship between religion and science than are many (non-evangelical) Americans.

Here are some of her findings:

60% of evangelical Protestants (and 38% of all surveyed) believe “scientists should be open to considering miracles in their theories or explanations”

50% of evangelicals believe that science and religion can work together and support one another—as compared to only 38% of Americans

18% of scientists attend weekly religious services—as compared to 20% of the general US population

15% of scientists consider themselves “very religious” while 19% of the general population would describe themselves this way

13.5% of scientists read religious texts weekly as compared with 17% of the US population

19% of scientists pray several times a day as compared with 26% of the US population

11% of evangelical Protestants consult a religious text or religious leader for questions about science while less than half that number in the US population would do the same

We are offering this information to our readers to familiarize you with the study, in anticipation that you may encounter other references to it. It has what appear to us to be some serious flaws. To say the least, some of the findings are curious. The proportion of people believing scientists should incorporate miracles into their theories or explanations is particularly odd, and raises significant questions about the research sample and methodology. Our pretrial research is conducted without regard to religious orientation, but we pay attention to it since it might be a variable of which our clients need to be aware. And over the past twenty years, we’ve watched the number of mock jurors who attend religious services regularly dwindle. Our experience of observing these shifts in our randomly selected mock jurors deviates dramatically from Ecklund’s sample.

So what do these survey results mean? It’s complicated. Some point to the Ham-on-Nye debate as highlighting the conflicts between science and religion—even though some say Nye won the debate handily. A recent post on ScienceDaily’s website tells us that scientists have impact on the public’s perceptions of the relationship between religion and science—and scientists who are not atheists will win more people over to their way of seeing things—at least, according to Ecklund who was quoted in the story.

Given that there are more people in the U.S. population (and hence in our data) who would identify as a Christian than atheist, Collins is likely to have more impact with that audience,” Ecklund said. Ecklund said that the experiment’s findings have important implications for how institutions and their representatives shape public opinion.

A few points to consider are that this study evidently had a disproportionately high representation of evangelical Christians for it to reflect American society as a whole. When miracles are considered part of the science debate (setting aside the question of what is meant by “miracle”) many would consider the problems to be large. If by “miracle”, this is limited to a divine role in the creation of the universe, or even as the nexus of the “big bang”, it probably gets higher acceptance. But if this is taken to apply to the evolution/creationism debate, acceptance of biblical literalism, and divine intervention in daily lives, the conflicts between science and evangelical religion get more shrill.  Before we can accept these findings, it is important to understand what is meant by “religious” in the findings shared above, what beliefs are elements of an “evangelical” and what is meant by “scientist”. It is not clear from reading the study summary how Evangelicals see science and religion working together. Does that mean the power of prayer is real, or does it mean that they consider creationism a scientific explanation?

From a litigation advocacy perspective, we think it’s important to know about this study but we are not sure it matters as you go to the courtroom. To the extent that her survey data is valid, it describes beliefs and attitudes that you should understand as you approach trials.  Some courts are shy about allowing questions regarding religious beliefs, and if so, the questions during voir dire need to be couched in terms of strongly held beliefs or devotion or faith (trigger words for many) to a code of beliefs relevant to the issues at trial. This study focuses on evangelical beliefs, not merely religious people. But a lot of devoutly religious people are somewhat fatalistic (“it is God’s will”) or highly moralistic in ways that either reject passing judgment on others (such as Jehovah’s Witnesses) or affirm passing judgment on others as their role in doing God’s will by representing God’s moral code as they believe it.

In any of these circumstances, it is crucial that a trial attorney understands the extent to which religious beliefs will color a person’s view of the facts, or indeed, whether those beliefs will trump the instructions of the court. Instead of focusing on religious involvement or lack thereof, we tend to look at conservative affiliations to help us consider how the world is framed for any individual potential juror. The simple way of thinking of this is that everyone tends to hang around with others who are of similar beliefs. So if someone is a devout Unitarian, they are likely to see the world differently than someone who is devoutly evangelical. We like this article written by Gayle Herde for The Jury Expert in early 2014. Rather than focusing on whether someone is an evangelical, Herde encourages us to listen differently during voir dire in order to “hear” religiosity in an indirect way. It’s good advice.

Ecklund, EH, & Scheitle, C (2014). Religious Communities, Science, Scientists, and Perceptions:A Comprehensive Survey. Annual Meetings of the American Association for the Advancement of Science.

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pruny fingersHere again is a collection of tidbits we don’t deem worthy of a complete blog post but which might be of interest or even amusing to you.

Social media is how we get our news these days

While you may think Twitter is receding in importance, the numbers beg to differ. A new Pew Research study tells us that ever-increasing numbers of Americans get their news from Twitter and Facebook. Sixty-three per cent of users on both platforms say they use the social media sites for news outside the realm of friends and family. (These percentages are up from 52% for Twitter users and 47% for Facebook users in 2013 so the use of the platforms for news gathering is growing fast.) Both of the sites are preparing to launch news services that will undoubtedly be tailored to who you follow on Twitter and to what you “like” and what your gender is on Facebook. Social media involvement continues to be important for us to follow as we consider potential jurors but it just got a lot more complicated. To what headlines and stories has your potential juror been exposed just prior to trial?

Don’t eat fish for lunch when in trial 

Recent research examined whether people were made more suspicious when they were completing a task in a room with a “fishy smell” or a room with a neutral smell. Sure enough, the researchers conclude that “exposure to fishy smells is sufficient to elicit feelings of suspicion and distrust, which are associated with a focus on how things may differ from what meets the eye”. Probably better to not have that fish sandwich for lunch when in trial.

The best argument for childhood vaccinations thus far!

A new study just published in Science magazine pretty much kills the theory that it is better to build natural immunity than to take on the false immunity offered by vaccines. There’s never really been any fact to support that argument but here’s a huge finding from this new study: catching measles destroys any natural immunity and “resets” your immune system to that of a newborn. And, it takes two or three years for your “natural” immunity to recover. BUT WAIT! Before you share this with anyone who has an anti-vaccine stance—remember that could backfire on you.

The Stanford Prison Experiment is now a movie

You might recognize this experiment as the one where undergraduates were divided into prisoners and guards and locked in a campus building where after six days the experiment was stopped due to the guards being abusive and the prisoners becoming depressed and feeling helpless. Now it’s a movie. So if you’d rather see a movie than read about the experiment, check out The Stanford Prison Experiment.

Selective Sound Sensitivity Syndrome (SSSS): Do you have it?

Here’s a new disorder—although those who experience it would likely say it’s an old disorder that’s finally been given a name. It appears to result in everyday sounds being painful to the sufferer. According to a recent write-up in Pacific Standard magazine: “Those who suffer from misophonia recoil from human-made noises like chewing and whistling. The risks of being tormented by everyday experiences, like going to the movies only to find themselves sitting near a popcorn-cruncher, can make them too anxious to leave the house.” The jury is out on whether SSSS is a neurological or a psychiatric disorder.

Lee, D., Kim, E., & Schwarz, N. (2015). Something smells fishy: Olfactory suspicion cues improve performance on the Moses illusion and Wason rule discovery task Journal of Experimental Social Psychology, 59, 47-50 DOI: 10.1016/j.jesp.2015.03.006

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Donald-TrumpDonald Trump has been getting a lot of press since he announced his candidacy for President. He is labeled a racist by critics, yet leads the polls of Republican presidential candidates. CNN has an explanation of why they think Trump continues to poll so well (he is attacking fellow Republicans and connecting with angry voters who are frustrated with political inaction), while others see his polling as reflecting his bombastic troll-like style, and the Huffington Post announced this week they will only cover his campaign as “entertainment” since it is certainly not politics. A new Gallup poll tells us Trump’s appeal may be short-lived since 75% Americans do not consider Trump to be a serious candidate (and only 3 in 10 view Trump favorably). He certainly is getting a lot of media attention though and today’s research tells us exactly why that happens.

It might be called the “Donald Trump effect” according to Pacific Standard’s website. The researchers doing the work don’t call it that though. They simply say that in the United States, politicians from the right are the most frequently quoted voices in news stories on immigration. They actually compared France, Norway and the United States but we are focused here on their US findings since the Donald Trump candidacy is receiving so much coverage.

In the US, the research focused on the New York Times, the Wall Street Journal, USA Today, NPR.org, and CNN.com from January 1, 2011 to June 30, 2012. The time frame was chosen since this represented a time period when unauthorized immigration was a popular news topic in all three countries. Essentially, the researchers counted up the comments on immigration and noted who made the comments. Compared to European publications where the primary theme of immigration stories was problems facing immigrants due to restrictive and inhumane national laws—American publications tended to focus on a theme of problems caused for authorities by immigrants.

Here is some of what they found in the US publications listed above (percentages do not add to 100%):

45% of the quotes came from government officials

23% of the quotes were from right-leaning politicians

11% of the quotes were from left-leaning politicians

10% of the quotes were from immigration advocacy organizations

8% of quotes were from citizens and documented immigrants, and

5% of the quotes were from undocumented immigrants

The researchers say that how reporters choose who they will quote in stories tends to define the frame and focus of the articles/interviews. Thus, US articles tend to focus more on the problems caused for authorities by undocumented immigrants (while European publications tended to focus more on problems of the immigrants). The researchers also say that the “debate” in the US is not so much a developing debate as it is a “shouting match” wherein voices tend to speak in chorus (as encouraged by political party “talking points”) rather than actually responding to the content of opposing viewpoints.

It’s definitely a hot-button issue, in some areas more than others. Living and working a fair amount in Texas, we hear the question a lot: “Are they legal?”. This paper is an intriguing look at differences between press coverage of hot-button issues in the three countries, but from a litigation advocacy perspective it is also an intriguing study of the way the general public is exposed to information about immigration.

If the loudest voices are those of right-leaning politicians, it makes sense that jurors (and all of us, in truth) are going to have heard those arguments (that immigrants make trouble for the authorities) more than any other arguments on immigration.

It then makes sense that when your case involves immigration issues, you test (pretrial) for not only attitudes toward immigration generally, but also for beliefs about whether immigrants are more a problem for the authorities or if the laws are so restrictive they cause a problem for immigrants.

Benson, R., & Wood, T. (2015). Who Says What or Nothing at All? Speakers, Frames, and Frameless Quotes in Unauthorized Immigration News in the United States, Norway, and France American Behavioral Scientist, 59 (7), 802-821 DOI: 10.1177/0002764215573257

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humble-bragOh the “humblebrag”. It’s really not that long since career counselors were suggesting interview questions asking about weaknesses could be turned to the candidate’s advantage by responding about an alleged weakness that was really a strength. (“Weakness? I think I tend to be perfectionistic. I just can’t send in a report without double-checking it for spelling, grammar, and content errors.”) Alas, times change and now the humble brag is looked at with disdain.

We were pleased to see one of our favorite research groups publish a working paper on the art of humble bragging. And even more pleased to see the results of their work mirror the work on humble bragging we published in May of this year: it doesn’t work so just stop it. It is obnoxious. Ultimately, they say that if you want a self-promotion strategy, outright bragging is more effective than the deceptive humble bragging. Why? Because you are [oddly] seen as sincere when you brag.

They did five experiments in total:

First, they collected humblebrags from a Twitter account publishing them and asked a couple of (yes, that would be two) raters to indicate how likable, competent and sincere they thought the person who’d tweeted the humble brag was in real life. Then they were asked if they thought the person was complaining and if they thought the person might be humble bragging (showing off in the guise of a complaint).

The [two] raters didn’t like humble braggers  and did not see them as either sincere or competent. The researchers concluded that those who humble brag are seen as less likable, less sincere and less competent. [While this makes intuitive sense, we wish they had used more than two raters. In essence, we consider the character assessment aspect of this study to be without value.]

Second, the researchers examined humble bragging in job interviews. They gave 122 undergraduate students (67% female and average age 21.34 years) instructions to write detailed responses to the question “What is your weakness?” as though they were in a job interview. Then they asked the participants to explain the reason for their response (“Why would you answer the question, ‘What is your weakness?’ in this manner?”). Again, they had two raters analyze the resulting open-ended responses for humble bragging and whether the participant answered the second question that they were being honest (“This really is my weakness”) or strategic (“I want to get hired”) in their response.

77% of the participants chose to humble brag and just 23% gave a real weakness. (Just for your edification, the most common humble brag ‘weaknesses’ were identified as perfectionism, working too hard, being too nice and helpful, and being too fair and honest.) The [two] raters preferred the honest candidates who gave a real weakness.

Third, the researchers examined the effectiveness of humble bragging in comparison with both complaining and bragging when it comes to how much others like the person either bragging, complaining or humble bragging. For this experiment, 302 online research participants (average age 36.97 and 41.5% female) were told they would be evaluating another person. Each participant was randomly assigned to one of three conditions: complain (“I am so bored”), brag (“People mistake me for a model”), or humble brag (“I am so bored of people mistaking me for a model”). The participants viewed the statements (based on the condition they’d been assigned to) and then rated how likable, sincere, and credible they thought the person saying this was.

As before, humble braggers were viewed more negatively than those who just brag outright and those who complained. Also again, humble braggers were seen as being insincere compared to the braggarts and complainers.

Fourth, the researchers examined whether humble bragging would affect how others perceive you. For example, someone who humble brags about “the problem with having graduated from two universities is that you get double the calls looking for donations” — may be seen as not very likable (due to the humble brag) but simultaneously as intelligent (despite the humble brag since she did graduate from two different universities). So the researchers wanted to see if the cost (being disliked) outweighed the benefit (an increase in perceived intelligence) when you humble brag. Again, they used an online sample of 201 (average age 35 years, 34.3% female) and assigned half to a brag condition (“I get hit on all the time”) and half to a humble brag condition (“Just rolled out of bed and still get hit on all the time, so annoying”). Noteworthy in this experiment is that the average age of the test subjects was 35, and the dilemma faced by the bragging conditions is the nuisance of being viewed as sexually attractive. Between the use of two raters for critical judgments and now this gaffe, we are tempted to wonder about the judgment of the researchers. But still, it is interesting. As before, the participants were asked how much they liked the person saying these things, how sincere they thought s/he was and finally, how attractive.

As before, humble braggers were seen as less likable, less sincere, and even less attractive than the braggers. The researchers concluded that humble bragging just has no real benefits. You really are better off bragging.

Finally, the (likely tired by now) researchers wanted to find out if people not only disliked the humble bragger but also treated them “less positively”. And this time, the researchers used actual cold, hard cash. Well, actually it was “virtual cash” but the idea is the same. We think. Anyway, the researchers used 154 online participants (average age 33.26 years and 35.1% female) and another 154 undergraduate students (average age 21.38 years and 70.5% female) The participants in each group were given pairs of statements (either humblebrags or outright brags) they were told came from their experimental partner and asked to rate likability, and sincerity and then to determine how they would split $5 between themselves and the (non-existent) person who’d allegedly written the comments.

Those research participants paired with humble braggers kept more of the $5 for themselves while this did not happen with the braggarts. As you have guessed by now, humble braggers are seen as insincere and that results in less likability and that results in (in this case) stingier (and meaner) treatment.

The researchers seem to think they’ve done enough work to show you that humble bragging just doesn’t work and is not useful (they go so far as to say it is “uniquely ineffective”) for impression management. We can’t speak to this being a “uniquely ineffective” strategy, but the lack of sincerity shown by the humble bragger results in quick dislike.

From a litigation advocacy perspective, this has definite implications for both self-presentation and witness preparation.

Avoid humble bragging in your casual asides while in the courtroom and closely listen for humble bragging in witnesses. Sure, be proud of yourself, your company, what you have accomplished, but in a subdued way. The goal for both witnesses and attorneys is to be a likable source of useful information and to avoid aggravating your audience.  The instant dislike these researchers find for humble braggers is enough for us to recommend you watch for this increasingly ubiquitous self-promotion (in both yourself and while preparing witnesses) and avoid the negative costs in the courtroom.

Sezer, O., Gino, F., & Norton, M. (2015). Humblebragging: A Distinct And Ineffective Self-Presentation Strategy SSRN Electronic Journal DOI: 10.2139/ssrn.2597626

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