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Archive for the ‘Case Preparation’ Category

How big is that potential juror’s house? 

Wednesday, March 25, 2015
posted by Douglas Keene

tiny houseTiny house craze aside, could this be a secret jury selection strategy? In June 2014, the Pew Research Center published a study showing that liberals prefer small, walkable communities while conservatives prefer the more sprawling suburbs. While about half of Americans prefer urban living and half prefer rural life—the split is apparently highly partisan. So Lisa Wade of the blog Sociological Images asks the question for us: “Can you guess someone’s political preferences by the size of their house?”.

To which we would add, “or by their zip code?” It’s an intriguing idea. Say you’ve done pretrial research and have learned your case plays better to those with either more conservative or more liberal leanings. Can you quickly choose between the urban and suburban dweller with positive results for your case? If you’ve read this blog for long, you already know the answer: it probably depends. The goal of research such as this—as far as jury selection is concerned—is to reduce uncertainty. Not everyone in a big suburban house is conservative, and not everyone who lives in a smaller home in a city is liberal. But the research points out a variable that already feels familiar to all of us involved with litigation—there are pockets of conservatism and liberalism.

Not all people live in what researchers would identify as their preferred setting. You will find liberals in the country or suburbs and conservatives in the city. Career focus, phase of life issues from childcare to elder care, financial status, convenience, as well as varying attitudes, beliefs and values, all factor into one’s home address. Microtargeting strategies for advertising, political campaigning have been in use for years, identifying people by factors such as living on specific blocks within zip codes, size and value of homes, ownership of cars, membership in certain churches, and use of particular credit cards. It only makes sense that jury selection would ultimately tap into these strategies. We have been factoring them in for years.

Some of the findings can be understood in practical terms.

We tend to have greater empathy for people we come into contact with, people we feel we relate to and understand (people “like me”).

Those in racially homogeneous precincts don’t feel as able to relate to other races than those who live in mixed race areas.

People who only hang out with the affluent, or with the financially stressed, don’t identify as readily with those who live at the other end of the financial spectrum.

And we tend to gravitate toward those who we feel understand us, as neighbors, fellow church-goers, and cohorts in various other dimensions.

We like people best who are most like us.

While, under strict time and information constraints, you may choose to use broad stereotypes (and this one is at least supported by data rather than assumptions), given the opportunity, there are plenty of other clues you may want to consider in addition to rural, urban, and suburban addresses.


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light skinned black manMost of us have heard of the preference for lighter skin within the African-American community. Some of us have also heard of “colorism” in general—a bias shared by many in our culture. Recently, author Lance Hannon (a sociologist from Villanova University) used data from the 2012 American National Election Study and found that Whites in America tended to see light-skinned Blacks and Hispanics as more intelligent than those with darker skins.

The National Election Study requires interviewers to sit down in a face-to-face survey with respondents (who disclose their income and education level and take a brief vocabulary test). Hannon identified 223 Black or Hispanic respondents who were interviewed by White survey takers. The White interviewers were asked to list each individual respondent’s skin tone on a 10 point scale as well as to estimate the respondent’s intelligence on a 5-point scale ranging from “very low” to “very high”.

What he found is disturbingly consistent: “white observers will look at two identically qualified minorities and assess the lighter skinned one as more intelligent”. Other factors about the respondent simply did not seem to matter.

Specifically, regardless of the respondent’s age group, gender, income, or their vocabulary test score, those respondents the interviewer’s described as “lighter” in skin tone were seen as “more intelligent”.

Educational level of the respondent did predict the interviewer’s assessment of their intelligence, but not as strongly as the respondent’s skin tone predicted the interviewer’s estimate of their intelligence.

If this finding is supported by follow-up studies (which appears likely), it has far-reaching implications for our society. When skin tone has a larger role in estimating intellect than educational level—the tendency to equate lighter skin with higher intelligence is obviously deeply entrenched.

From a litigation advocacy perspective (and an inclusive workplace perspective), this research informs us on biases we may assume without question.

When assessing jurors for your specific case, pay more attention to education and curiosity than to skin tone in estimating intelligence.

Do the same in the workplace. When you are assessing workplace performance, set skin tone (and gender, and age, and ethnicity) aside. Focus instead on concrete behavioral indicators that deserve reward.

Just as we have “learned” to have biases against race and color, we need to “unlearn” those biases and make ourselves consciously aware of them—whether it is in the courtroom or the workplace.

Hannon, L. (2015). White Colorism Social Currents, 2 (1), 13-21 DOI: 10.1177/2329496514558628


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ResearchThis week I read several sensationalized reports of research findings from some scientists in Finland. “Classical music can help slow down the onset of dementia” and “Listening To Classical Music Could Improve Genes Responsible For Certain Brain Functions”. The articles reported that listening to a 20 minute Mozart violin concerto could stave off dementia and actually modify your gene expression. Pretty amazing. Except it isn’t entirely accurate.

There are benefits for those who already know the specific concerto—in other words, musicians or music lovers.

As for the rest of us, it won’t hurt you to listen to a concerto each day, but it probably won’t keep you from getting dementia or modify how your genes express themselves. For a small proportion of us, this is very interesting news. For the rest of us, while headlines may make it seem fascinating—it really doesn’t make a difference.

We’ve talked about this before here in relationship to the criminal defense strategy to put eyeglasses on your defendant (aka the “nerd defense”). Headlines were written to sell papers (in an earlier time) and now, to generate clicks or viewers—but not to accurately reflect actual research. In the case of the nerd defense, someone read headlines, believed them, and implemented the strategy. But, their implementation was based on a misunderstanding of the findings.

Few bother to go read the actual research to discover the incomplete reporting, reporting of insignificant results, or just totally wrong reports of findings. Yet, when you do, you find the headlines did their job—you went looking, but only to discover the interpretation by the writer was incorrect.

The problem is that we remember the headlines and often not the actual finding in the primary source (i.e., the real research article). So we think what we are doing and recommending has some scientific basis for it when it actually does not. It won’t hurt you to listen to Mozart each day for 20 minutes. But, unless you already know the Mozart work, it probably won’t keep your memory intact necessarily either. So be an analytical and critical thinker.

When someone says “research finds”, or “our research has shown”, or “this works 90% of the time”, ask for the source. And when you see a claim in the headlines that is almost too good to be true, go find the original source and see for yourself. Often the actual results will turn out to be not quite what the headlines trumpet.

Brown, M. J., Henriquez, E., & Groscup, J. (2008). The effects of eyeglasses and race on juror decisions involving a violent crime. American Journal of Forensic Psychology, 26 (2), 25-43


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The Personal Sense of Power Scale 

Monday, March 9, 2015
posted by Rita Handrich

personal-power-12-14We give you information about various scales from time to time and always put “Scale” in the title of the post so they are readily searchable. This one is a brief measure of the individual sense of personal power. We heard about this scale after writing up a recent blog post and thought it interesting enough to include here.

Essentially, this is an 8-item measure you can use to determine the sense of personal power an individual believes they have. And even if you have no intention of making use of the scale, you can look at it to understand what researchers identify as the characteristics of personal power. A key factor in reaching conclusions about the validity of this scale is that the researchers found (in 5 studies with 9 separate samples and a total of 1,141 participants) that “those who think they can get their way in a group also believed that they can influence fellow group members’ attitudes and opinions”. The authors list varying instructions to be given depending on whether you are using the scale to assess one’s sense of personal power with friends, parents, groups, negotiations, and other interactions. “Personal power”, say the researchers, is not the same across all relationships and so assessing specifically for the group in which you are interested is important.

This article on scale development was published in a mainstream psychological journal and they carefully developed and carefully analyzed the variations in sense of personal power across distinct relationships. Additionally, they were interested in whether a personality factor like dominance or socioeconomic status were also related to one’s sense of personal power.

Overall, the researchers found a number of variables related to (and not related to) personal power.

Those who had higher internal locus of control (i.e., beliefs that we control our own fate) also saw themselves as having a higher power in their relationships with others.

The personal sense of power was positively related to being extraverted, being conscientious, being open to new experiences and positively related to self-esteem. A personal sense of power was negatively related to being neurotic.

“…individuals can reliably gauge their power in single discrete dyadic interactions, longer-term relationships, larger social groups, and in general, across all important relationships and groups.”

Contrary to many academically designed scales, the items on this one are both low in number (only eight items) and couched in plain language. They are placed on a 7-point Likert scale ranging from strongly disagree to strongly agree. Here are three questions from the scale (if you want to see all of them, go to the article itself.

Even if I voice them, my views have little sway.

I think I have a great deal of power.

My ideas and opinions are often ignored.

The remaining five items are similar in language and complexity to these. They are user-friendly and surprisingly jargon-free. Personal power and the impact it has in a group of decision-makers is interesting, and it raises additional questions. Some people with personal power are charismatic, while others are simply self-involved. Some have influence, others make people want to wring their necks. In jury selection, we consider who the leaders are likely to be, who the followers are, and whether what we can understand of the personalities and styles of jurors will produce cooperation and collaboration, or whether people will rush to judgment in an effort to get away from one another. The concepts embedded in this scale may help you make those determinations.

Anderson, C., John, O., & Keltner, D. (2012). The Personal Sense of Power. Journal of Personality, 80 (2), 313-344 DOI: 10.1111/j.1467-6494.2011.00734.x


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TJE_logoThe February 2015 issue of The Jury Expert has been uploaded and here’s what you’ll see if you visit the site:

Why Women Speak Up in the Jury Room by Suann Ingle. Many of us have read the book Lean In by Sheryl Sandberg. Suann read it and then saw the recent article by Sandberg and a colleague discussing why women don’t speak up at work. Suann has ideas about why women may not speak up in the corporate world but she also has ideas about why they do speak up in the deliberation room. If you want your female jurors to participate, take a look at Suann’s ideas on how to make that happen.

The Psychology of a Persuasive Settlement by Ken Broda-Bahm. “We all have an image in our heads of the way we expect cases to end: passionate presentations, gripping witness testimony, then a tense wait, followed by the dramatic verdict. In the great majority of cases, however, the dispute will end not in a courtroom but in a conference room.” So begins Ken Broda-Bahm’s article on the psychology of a persuasive settlement. This is an article that focuses on the issues that keep us (or rather, “the other side”) from settling a case when that is the most logical outcome.

Racial Disparities in Legal Outcomes: On Policing, Charging Decisions, and Criminal Trial Proceedings by Samuel R. Sommers and Satia A. Marotta. We don’t do reprints in The Jury Expert. But this time, we are doing a reprint, because this article was written in plain language and the content is so important we want to make sure everyone has a chance to read it. There are many ways racial bias factors in to legal decisions and this article focuses on how racial bias enters into decisions on policing, charging decisions, and criminal trial outcomes. This is a must read article.

Top 10 Most Accessed Articles from The Jury Expert in 2014! Here’s a look at what your colleagues have been clicking on and reading in 2014. Have you read all of our top ten? Now you can!

Road Warrior Tips. Here’s a few more tips and tricks from our “often on the road” ASTC member trial consultants. Make sure you know the newest tips and tricks!

Who is my ideal juror? by Jill Leibold. It’s a question often asked by trial attorneys. Jill Leibold has some thoughts on turning that question around so you ask who is not your ideal juror. She also has some ideas on how you can identify both your favorites and your not favorites so you go into jury selection more confidently.

Favorite Thing for February 2015! We like a good infographic here at The Jury Expert and this favorite thing entry gives you many infographics. If you, like me, have trouble remembering the different uses of the words “affect” and “effect”—you’ll love the infographic we are featuring!

Mea Culpa in the Courtroom [a TJE Classic] by Kevin Boully. Before May 2008, when we began to publish entirely online, The Jury Expert had some very good pieces that saw limited exposure. We devoted an entire issue to “the classics” that stood the test of time but didn’t have room for this one. How do you apologize effectively in the courtroom? Kevin Boully knows the literature and offers his perspective on the importance of both apology and the importance of doing apology right.

We hope you enjoy this issue of The Jury Expert and, tell your friends, colleagues, and opponents about us!

Image from Jury Expert website

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