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We love Pew Research and their work on cataloguing how society here in the United States changes slowly or quickly (as the case may be) over time. A review of their hard work gives you a sense of what changes are underway in our now constantly changing “new normal”. They have published a lot in 2016 to help us understand how our potential jurors are changing. Take a look at just a few of the sixteen stories they deem “striking” from 2016. We’re telling the Pew story with their own pictures. Go to the site itself to read the details. [The spacing on this post is beyond us so please scroll…thanks!]

Significant demographic changes in America have reshaped our major political parties—our political parties look very different now than they did during the George W. Bush presidency.   

 

And voters are divided on where the country is headed as well as whether that direction is better or worse. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Millennials are now the largest generation of living Americans (bigger than Boomers)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

And more of the Millennials live with their parents than ever seen with young people before (although it should be noted that this trend has been growing for years now and it is not a Millennial “thing”).  

 

 

 

 

 

 

 

Along with generational shifts, we are also seeing increased racial tensions with about four-in-ten blacks (43%) being skeptical that America will ever make the changes needed for blacks to achieve equal rights with whites

 

 

 

 

 

 

 

 

 

 

 

 

And we are wary of what new technologies will mean for our lives.  

 

 

 

 

 

 

 

 

 

 

 

 

The Pew summary of the 16 most striking findings in their surveys published in 2016 is fascinating reading if you want to know (as most of us do) how the country is changing and what that may mean for our potential jurors. There is more division and demographic change than we’ve seen in some time and it will most likely play a significant role in how your case is heard by jurors.

Take a look at Pew’s end of year summary and update yourself on how things stand now on a wide variety of subjects that may be part of your own up coming case narratives.

Images taken from Pew site

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Here’s an update on the stash of tattoo posts we have here. This is a collection of new research on tattoos (to make sure we are up to date) that will undoubtedly help you decide what your individual ink means/will mean, and of course, what it suggests about your jurors, your clients, your kids, and maybe you, too! We’ll start out with the punch line from one of the articles (Galbarczyk & Ziomkiewicz 2017): women do not find tattooed men irresistibly attractive despite what men think about other men with tattoos.

Do women really “dig” tattoos? (Not so much)

Men apparently believe that a man with tattoos is likely to be serious competition for the attention of a woman. Women themselves do not generally see tattooed men as the be all, end all. That (perhaps surprising) conclusion is according to new research out of Poland where 2,584 heterosexual men and women looked at photos of shirtless men. In some of the photographs, the man’s arms were marked with a smaller black symbol (see graphic illustrating post for one of the photo pairs). Men rated these tattooed men higher in terms of what (they thought) women would look for in a long-term partner. Women did not agree and rated the tattooed men as worse candidates for long-term relationships than the men pictured without tattoos. Once again, men don’t seem to understand what women find attractive. The authors wanted to figure out if women or men were more drawn to tattoos on men and they conclude this way: “Our results provide stronger evidence for the second, intrasexual selection mechanism, as the presence of a tattoo affected male viewers’ perceptions of a male subject more intensely than female viewers’ perceptions.”

In other words, when men get tattooed, other men are going to be more impressed than will women. For men who are homophobic, this could be a traumatizing study.

Are tattooed adults more impulsive? (Not really)

There’s been a plethora of research done on whether the personalities of tattooed adults are different from the personalities of adults with no tattoos. And, after multiple grants of academic tenure—the answer is….not really. This study (Swami, et al.), done in Europe, had 1,006 adults, complete psychological measures of how impulsive and prone to boredom they were. About 1/5 of the participants (19.1%) had at least one tattoo but there were no real differences in terms of gender, nationality, education or marital status. There were also no strong differences in either impulsivity or  likelihood of becoming bored—not for those with one tattoo and not for those with more than one tattoo (the highest number among the individual participants was 23 tattoos).

The authors concluded that tattooed adults and non-tattooed adults are more similar than different. (This doesn’t really surprise us as tattoos have become much more normative, although—there is nothing normative about having 23 tattoos.)

So are tattooed women less mentally healthy than non-tattooed women? (Nope)

Women with tattoos have been seen as deviant and anti-social in past research.

If that seems odd to you, know this: When I was in graduate school, there was a widely held view that women with multiple ear piercings as more likely to have personality psychopathology. Multiple piercings were outside the norm of behavior then, and are now, much more common.

So—here’s a study out of Australia (Thompson, 2015) looking at whether that is still the case. This study was completed using an internet survey (710 women) which asked participants to complete the Loyola Generativity Scale. The term generativity comes to us from psychological research and is, very simply, the desire we have (or do not have) to contribute positively to the future. You will often see generativity used to describe the desire to mentor younger people in career or other life areas.

The people who developed the scale describe it this way: “Generativity is a complex psychosocial construct that can be expressed through societal demand, inner desires, conscious concerns, beliefs, commitments, behaviors, and the overall way in which an adult makes narrative sense of his or her life.” (With no offense intended to the scale developers, it is likely easier for you to think of generativity as a desire to positively contribute to future generations.) Essentially, this researcher wanted to see if women with tattoos would have the same level of generativity as women without tattoos.

As in the study of risk-taking and impulsivity that preceded this one, there were no differences between tattooed and non-tattooed women in terms of their level of generativity. What was seen as edgy and counter-cultural 30 years ago is now merely a personal expression and fashion statement.

Finally, can we trust tattooed adults if they have a tattoo with a Christian-theme? (It depends)

This research focused on what they identified as “mixed signals” which they defined as a signal projecting untrustworthiness (in this case, a tattoo) but where the theme or content of the signal suggests trustworthiness (in this case a tattoo of a religious symbol, the cross). Interestingly, this researcher chose to place the tattoos on the neck (either on the side or centered under the chin). While  the third photo may look like a necklace to you, it is actually a tattoo. Some were photos of men or women with cross tattoos, others were men or women with star tattoos, while still others saw men or women with no tattoos.

Participants included 326 people who were shown 26 photographs and asked to rate trustworthiness of the person pictured on a scale from 1 (extremely low trust) to 7 (extremely high trust). Only after they had rated the photos were the participants asked whether they would identify as Christians (58.9% did) and if they had tattoos themselves (31% did). The results here are (ironically) mixed.

Christian participants rated the face without tattoos (which perhaps would have communicated shared values) as more trustworthy than the tattooed faces but they also rated faces with the religious tattoo as being more trustworthy than non-Christians did. Non-Christian participants thought the religious tattoo face less trustworthy and the star tattoo face more trustworthy.

From a litigation advocacy perspective, this series of articles on tattoos and what they mean in the present day to the observer, tells us you cannot rely on knowledge from a few years ago to inform you on what a tattoo means now. It is the same with venires—old knowledge is old knowledge. Do not assume that the venire is the same as it was 5 years ago—or that neck tattoos are always signs of deviance. Update yourself. Jurors will probably feel it and be more open to your message.

Galbarczyk, A., & Ziomkiewicz, A. (2017). Tattooed men: Healthy bad boys and good-looking competitors Personality and Individual Differences, 106, 122-125 DOI: 10.1016/j.paid.2016.10.051

Swami, V., Tran, U., Kuhlmann, T., Stieger, S., Gaughan, H., & Voracek, M. (2016). More similar than different: Tattooed adults are only slightly more impulsive and willing to take risks than Non-tattooed adults Personality and Individual Differences, 88, 40-44 DOI: 10.1016/j.paid.2015.08.054

Thompson, K. (2015). Comparing the psychosocial health of tattooed and non-tattooed women Personality and Individual Differences, 74, 122-126 DOI: 10.1016/j.paid.2014.10.010

Timming, A., & Perrett, D. (2016). Trust and mixed signals: A study of religion, tattoos and cognitive dissonance Personality and Individual Differences, 97, 234-238 DOI: 10.1016/j.paid.2016.03.067

Images from Galbarczyk & Ziomkiewicz  and Timming et al. articles

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We’ve seen the reports of hate crimes skyrocketing—both in general, and specifically for Muslims. Now a new report says the self-reports of discrimination from Latinos have doubled in the past decade. The study used data from the National Latino Health Care Survey (a telephone survey of 800 Latino adults completed in 2013). The lead author says this is particularly chilling given the verbiage used during the US presidential elections toward immigrants and immigration. In a news release on the article, the lead author says the research suggests an “increasingly negative immigration policy environment and anti-immigrant sentiment is likely to engender higher levels of discrimination”.

Here are some of the main points in the article:

68.4% of the survey participants reported discrimination. This is comparable to the level of discrimination reported by Blacks in the US (although more than twice as high as the rate found in 2002-2003—which was 30%).

More anti-immigrant state level policies were associated with higher levels of discrimination (perhaps because the government was seen as sanctioning discrimination against immigrants).

Both foreign and US-born Latinos were stigmatized by anti-immigrant policies.

Although anti-immigrant policies are not about health, they can negatively impact health (in part through exposure to increased discrimination).

The authors conclude their article by saying this:

As the recent political rhetoric serves to further marginalize (Latino) immigrants, and comprehensive immigration reform remains a political topic, it is more important than ever to understand the health impact of anti-immigrant policies on all Latinos.

From a litigation advocacy perspective, as Texas-based trial consultants we have always seen anti-immigrant sentiments [typically surrounding questions of legal status] in our pretrial research and have blogged about it a number of times. What this says to us is that, regardless of where your case is to be tried in the US—you need to pay attention to anti-immigrant sentiments if your client, the parties, the witnesses, or you yourself—are non-White. You will need to evaluate whether race or ethnicity is salient to your case and then make decisions about how to best advocate based on that reality.

Almeida, J., Biello, K., Pedraza, F., Wintner, S., & Viruell-Fuentes, E. (2016). The association between anti-immigrant policies and perceived discrimination among Latinos in the US: A multilevel analysis SSM – Population Health, 2, 897-903 DOI: 10.1016/j.ssmph.2016.11.003

Article is available open access at: http://www.sciencedirect.com/science/article/pii/S2352827316301471

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It’s a great question just in general in terms of thinking about events that have shaped you as an individual. For us though, it’s a great question because it also speaks to generational differences (a favorite topic of ours!).

As each of us grows up, major events happen and they are called (in generational research speak) “defining moments”. They are seen as shared experiences for generational groups who were all there and experienced the event in varying (but nonetheless) life-altering ways.

So what are your own defining moments? The first moon landing? The Vietnam War? The first great depression? The second great depression? 9/11? The JFK assassination? The MLK assassination? The fall of the Berlin Wall? Stonewall? Woodstock? Watergate? The Challenger explosion? The Enron scandal? The prime mortgage meltdown? The Obama election? The recent presidential election results?

While each of us may have a few that are idiosyncratic or individual—the bulk of our “defining moments” will be those shared with others despite the fact we may never have met those “others” or discussed these events. Recently, Pew Research Center asked Americans for their individual 10 most significant events of their lifetimes.  The answers, as you might expect, reflect views through the lenses of individual respondent’s lifetimes—although 9/11 over-shadows all other events listed. Other events naturally show up on the radar of older people (such as Watergate or the Reagan election) but are not within the lifetime of the younger respondents. Here are the top 10 events listed across all respondents in the Pew survey: 

Those that surprise you are those that were not on your radar (either due to your age or priorities). But—and this is why we admire Pew Research—they do not stop with a simple rank order listing of the important events in the lifetimes of respondents to their survey. They go on to divide us up into various generational groups:

The Silent and Greatest generations remember WWII.

The Boomers remember the assassination of JFK and Vietnam.

Millennials and Gen Xers focus on 9/11 and the election of Obama.

Further, five of the Millennial generation’s Top 10 defining moments do not appear on the Top 10 for any other generation. You will want to read the article to see more on this but we will tell you which five are not on any other generation’s top list (Sandy Hook, the Orlando/Pulse nightclub shootings, the death of Osama bin Laden, the Boston Marathon bombing, and the Great Recession). It is testament to the power of age and developmental phase when it comes to how defining moments are experienced.

Participants were also asked to name the historic event that made them feel proudest of their country and the events that made them most disappointed in their country. While the “I was disappointed in America” responses are more partisan than the others, it is an intriguing list to peruse. Finally, Pew looked at responses by “race and ethnicity, gender, income, education, political party, and region of the country”.

From a litigation advocacy perspective, this is a fascinating example of how differently we see and experience and evaluate major events differently (depending on our phase of life, age, geographic location, and our attitudes, beliefs, and values–and it is required reading for anyone wanting to keep up on attitudes of importance to potential jurors.

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As Editor of The Jury Expert since 2008, I’m happy to share the table of contents of our new Winter 2016 issue! As always, The Jury Expert is brought to you free of charge by the excellent trial consultants who write for us and by the academic researchers who take their time to summarize their research and share it so we can use it in our day-to-day work for litigation advocacy.

Trial Consultants, TV Law, and a Load of Bull

Richard Gabriel takes a close look at the new television show ‘Bull’ and muses about how the show does and does not represent reality as well as how it may affect perceptions of the justice system by potential jurors (who do watch TV).

What Television Can Teach Us about Trial Narrative

Stepping back, Richard Gabriel teaches us how television shows (like ‘Bull’ but certainly not limited to ‘Bull’) can help us craft more effective courtroom narratives.

Juries, Witnesses, and Persuasion: A Brief Overview of the Science of Persuasion and Its Applications for Expert Witness Testimony

Rebecca Valez, Tess M.S. Neal, and Margaret Bull Kovera team up to offer a primer on persuasion. What modes of persuasion will work best in the testimony of your expert witness? Then we have trial consultant responses from Jennifer Cox and Stan Brodsky, John Gilleland, and Elaine Lewis and a final reply from the authors.

Graphics Double Comprehension

Jason Barnes succinctly tells us how graphics can result in your words telling a much more effective story–even doubling comprehension of the listener.

Making It Moral: How Morality Can Harden Attitudes and Make Them More Influential

Andrew Luttrell offers this intriguing strategy (based on his research) to make attitudes stronger and more influential. Trial consultants Sonia Chopra and Charli Morris react to his work with commentary on how they would use this research in day-to-day litigation advocacy.

The Hidden Lives of Court Reporters

They are always present and always silent. But what is going on in the minds of those dutiful court reporters as they type everything said in cases ranging from the mundane to the traumatizing? Claire E. Moore, Stanley L. Brodsky, and David Sams talk to court reporters and share their perspectives and coping strategies.

More Techniques for Uncovering Juror Bias before It’s Too Late

Mykol Hamilton and Kate Zephyrhawke share how to uncover bias in change of venue surveys in criminal cases by using alternate wording for time-honored questions that result in very different answers (and higher bias).

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