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screaming-womanIt’s tough to see the same old themes come up over and over again but—here we go again… Women who react emotionally are seen as less intelligent, but if they react in a “measured and manly way” they are thought not trustworthy. In other words, you can’t win for losing.

“Men were rated as both more emotionally competent and more intelligent in general when they showed restraint. For women, however, the opposite pattern emerged, in that they were perceived as more emotionally competent and intelligent when they reacted immediately.”

In other words, say the researchers, we expect men and women to act according to gender stereotypes and we are suspicious of those who fail to behave accordingly.

Participants in the first study (59 undergraduates from the University of Haifa in Israel—30 men and 29 women) were shown photos found to elicit both sadness and anger. Then they watched videos featuring different people allegedly reacting to those same images. Half of the actors reacted almost immediately (within 1/2 second) while others did not show an expression change for a second and a half. After viewing the videos of people reacting to the images, the participants rated each character for “emotional competence” and assessed their level of sensitivity, caring, and the appropriateness and authenticity of their reactions.

Men who paused for 1.5 seconds prior to changing their expression were seen as more emotionally competent. Women who paused were seen as less emotionally competent.

The second study (with 58 students) was much the same as the first but the participants also rated the perceived intelligence of the character in the video.

“Men who showed delayed reactions were perceived as significantly more intelligent than those who reacted immediately, whereas for women, delayed reactions resulted in less perceived intelligence.”

The authors say that these results reflect the strength of gender stereotypes about women as “more emotionally volatile but also more emotionally competent” and say that when women delay their reaction to an emotionally charged image they may be seen as “strategic rather than spontaneous”.

From a litigation advocacy perspective, this will be important when considering the impact of male and female witnesses, for preparation of parties, and even for attorney behavior in the courtroom. You are always being watched and evaluated. Assumptions are going to be made for better or worse.

Help jurors see your female witness/party/self as thoughtful and competent but as having learned to stop and consider actions and consequences prior to reacting. That is done more by offering jurors some context for respecting the witness or party, rather than trying to train them to significantly change their response style. In other words, this time it has to be about teaching the jurors how to judge quality, rather than teaching the witness how to overcome the gender bias.

Hess, U, David, S, & Hareli S (2016). Emotional restraint is good for men only: The influence of emotional restraint on perceptions of confidence. Emotion

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middle aged womanIf you are seeking empathy and understanding from jurors hearing your case—go for middle-aged adults—and, in particular, middle-aged women. If you are thinking the sample size of this study cannot possibly be large enough to draw that sort of conclusion—think again! This is a study based on 75,263 adults in the US.

In the study, late middle-aged adults said they were more likely to react emotionally to the experiences of others and that they were also more likely to try to understand how things looked from the perspective of others. Both men and women “of a certain age” were more likely to report higher empathy but women were especially likely to do so. (And in case, like us, you are finding it more difficult to ascertain just when “late middle age” might be—the researchers define this as someplace between 50 and 60 years of age.)

Basically, the researchers examined responses from the General Social Survey which measured empathy in both 2002 and 2004. And surprisingly, these were the two smallest samples (1,353 adults in 2002 and 1,330 in 2004). Additionally, the authors conducted an online survey of 72,580 US adults between 18 and 90 years of age wherein they measured both empathy and perspective taking. (Note: While the GSS surveys are random and nationally representative, the researchers large online sample is not.)

Here is what they found on empathy:

Women reported higher empathy than men in all three samples.

In 2002, the GSS sample showed no significant differences in empathy based on ethnicity. In 2004, African-Americans had lower empathic concern than European-Americans. And in the online survey—African-Americans, Asian Americans and “especially Hispanic Americans” reported higher empathic concern than European Americans. (The authors make a point of stressing that the effects were fairly small.)

The effects of age were consistent across all three samples. Empathic concern was higher in older than in younger adults. The most common interpretation of this is that younger jurors haven’t experienced enough pain and suffering to appreciate its debilitating effects.

And here is what they found on perspective taking (which is akin to empathy and basically assesses how likely you are to attempt to put yourself in the “shoes” of another). Note: perspective taking was only assessed in the online sample and not in the GSS samples.

Women had higher self-reported levels of perspective taking than did men.

European Americans had lower perspective-taking than those of other ethnic origins (this effect was small).

And older adults had higher perspective taking than younger adults.

The researchers explain their results in clear and easy-to-understand language. “Specifically, empathy was expected to show an inverse-U-shaped function across the adult life span, with middle-aged adults scoring higher than young adults and older adults. Indeed, we found empirical evidence for this pattern in the case of both empathic concern and perspective taking in all three samples.”

For the non-statisticians among you, what that means is that both younger and older adults are less empathic and less likely to take the perspective of others than are middle-aged adults.

The researchers don’t know whether this is a true age effect or the result of generational experiences since this age range reflects younger Baby Boomers who grew up during sweeping societal changes that emphasized the feelings and perspectives of others.

From a litigation advocacy perspective, this is an intriguing study. If we know that women report higher levels of empathy than do men and we know the same pattern holds true for self-reports of perspective-taking—and, we know that empathy seems to peak between ages 50 and 60—when all else is equal—you likely would be better off choosing the woman between 50 and 60 for your jury.

As an aside, we always caution against blanket assumptions that “women are better for Plaintiffs and men are better for Defendants”. It simply is untrue. But this finding, when coupled with other information from careful pretrial research, can be instructive in voir dire and jury selection.

O’Brien E, Konrath SH, Grühn D, & Hagen AL (2013). Empathic concern and perspective taking: linear and quadratic effects of age across the adult life span. The journals of gerontology. Series B, Psychological sciences and social sciences, 68 (2), 168-75 PMID: 22865821

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Phubbing_creationIt’s time to run down some articles that are curious, but not substantial enough to justify a full blog post. Once again, we have kept a few pearls in our virtual filing cabinet, and have combined them here for your curiosity and possibly entertainment. This is one of those combination posts that will offer you conversation topics and also, this time only, give you hope for the future when it comes to reading. So, if you want more water-cooler conversation fodder or more material that cements your reputation for knowing very weird trivia, get ready to take notes.

Phubbing makes you unhappy (so knock it off already!)

Phubbing is the practice of “snubbing your partner in favor of your phone” and you add an extra ‘p’ to the word (Pphubbing) if the partner involved is actually your romantic partner. This is the first time we’ve heard of this word so we’re guessing the 2012 advertising campaign for which it was coined wasn’t really that successful. But we all know when we’re doing it, and when we are having it done to us. In the research study cited at the bottom of this post, they found that Pphubbing was a particular problem for those with anxious attachment styles, and that pphubbing related to depression through relationship satisfaction and even life satisfaction. So. It hurts them and makes you feel bad. Put the phone done and make some eye contact. Unless, of course, that message is very important and you are really, really busy…

FOMO (Oh no!)

While we know it is unlikely, you may have forgotten our post on FOMO—“fear of missing out”. FOMO is “the uneasy and sometimes all-consuming feeling that you’re missing out — that your peers are doing, in the know about, or in possession of more or something better than you”. Apparently it hits young people harder than it does older folks. There’s a Texas A&M University authored suggestion for combatting FOMO over at Science Daily.

Will this finally end blonde jokes?

Probably not, but if you missed the extensive media coverage about blonde women having higher IQs than non-blonde’s—here is a link to the original article asking the question, Are Blondes Really Dumb? from the open access journal Economics Bulletin. We do want to comment that the IQ scores in the article are not statistically significant differences. Actually, Vox recently took this article to task and has a pretty heated critique on the research. But the headline is inflammatory, so it got wide attention.

People still read for pleasure!

A new paper has just been released by the Brookings Institution analyzing more than 400,000 digitally recorded stories to see what holds our attention in 2016. If you’d rather look at a summary of the report, Poynter has an exceptionally nice one. In brief, to hold our attention an article doesn’t have to be short; readers are not indiscriminately drawn to images or photos; and doing your research thoroughly pays off. It’s a wonderful counterpoint to the negative predictions we often hear about the future of reading for pleasure.

Roberts, J., & David, M. (2016). My life has become a major distraction from my cell phone: Partner phubbing and relationship satisfaction among romantic partners. Computers in Human Behavior, 54, 134-141 DOI: 10.1016/j.chb.2015.07.058

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aha-moments-IGWhen I was younger, I would have moments of clarity I referred to as epiphanies. I learned pretty quickly that if I did not somehow reinforce that epiphany in my mind, I would forget it—only to (sometimes) realize it again at some point in the future.

So now, when I am working on a project and have a seemingly idle association, I write it down so it doesn’t disappear and I often find that idle association turns out to be very informative later on. These insights are what some refer to as “aha!” moments, and today’s research article focuses on just how accurate and intuitive those moments can be for all of us. In fact, these “insight solutions” are correct more often than our analytic solutions according to this research. Albert Einstein once referred to his own insights as “great speculative leaps” to a conclusion and then tracing back the connections to verify the idea. (You can read the entire article here courtesy of the senior author.)

Today’s researchers wanted to know how accurate insights would be when compared to analytical solutions. The researchers had participants in four studies take on puzzle solving tasks. One study used only linguistic puzzles, one used only visual puzzles, and the last two used puzzles with both linguistic and visual elements. The participants had a set period of time (i.e., 15 or 16 seconds) in which to solve the puzzles and each experiment contained between 50 and 180 puzzles.

Here is an example of a linguistic puzzle used in the research. These words would appear on a computer screen:

crab pine sauce

Participants were asked to offer a word that would fit all of them to make a compound word (apple, in this case). As soon as the participants had solved the puzzle, they would hit a button and say their answer and then tell the experimenter whether they had derived their answer via analytical thinking or insight (they had received training in how to tell the difference between the two). The researchers say that the insight solutions were overwhelmingly more correct than the analytical thinking solutions.

In the linguistic puzzles, 94% if the responses classified as insight were correct compared to 78% of the analytical responses.

In the visual puzzles, 78% of the insight oriented responses were correct compared to only 42% of the analytic responses.

Additionally, solutions offered during the last five seconds of the task had a lower probability of being correct and the majority of those answers were based on analytical thinking.

The researchers say that insightful thinkers tend not to guess but rather, they wait for an aha! moment. And, when an aha! moment does emerge, that solution tends to seem obvious and the individual is certain the solution is correct. The researchers conclude that if you want a creative idea or solution to a problem, it is better to not have a hard deadline for completion. While a drop-dead deadline will get results, they are less likely to get creative results.

The researchers say this is because insight oriented solutions are an all-or-nothing process while analytical problem resolution is incremental and allows partial information on which the individual can base a guess (which often is incorrect).

From a litigation advocacy perspective, we often see the aha! moment in process during pretrial research with mock jurors. We urge our attorney clients not to draw conclusions for the jurors but rather, to allow jurors to come to their conclusions and solutions. What we see over and over again is that the mock juror who is given enough information to connect the dots but not force-fed a solution—is a juror who is a fierce advocate for one side of the case or the other. You may accept what you are given, but you own what you discover for yourself.

We pay attention during pretrial research and watch for gaps in the case narrative that result in distortions or conspiracy theories about the case and plug those holes for eventual courtroom presentation. We’ve always thought the conclusions drawn by jurors with a road map of what happened were much more powerful than the conclusions presented to jurors by the attorney and this research article shows us why.

Giving jurors an aha! moment as they connect the dots in your case will result in jurors who feel confident in their conclusions and will advocate for you in deliberations.

Salvi, C., Bricolo, E., Kounios, J., Bowden, E., & Beeman, M. (2016). Insight solutions are correct more often than analytic solutions. Thinking & Reasoning, 1-18 DOI: 10.1080/13546783.2016.1141798

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mckayla_impressed_ap_328Olympic gymnast McKayla Maroney had a bad day at the Olympics in 2012 and the facial expression illustrating this post went viral. She was “not impressed” said the internet—and today’s researchers would say the internet was half right. What McKayla Maroney was really showing us, according to today’s research, was the universal “not face”.

Researchers from Ohio State University wanted to know if there was a universal facial expression that spans multiple cultures. They found one and McKayla’s brief expression captures it perfectly. The researchers wanted to see if they could find clues to the evolution of spoken language. It is apparently a common belief that, before humans developed language, we had a collection of facial expressions to communicate emotions. So the researchers filmed 158 Ohio State University students while speaking in their native languages. The researchers used participants who spoke in English (a Germanic language), Spanish (based in Latin), Mandarin Chinese and American Sign Language (ASL).

Past research had established that facial expressions of anger, disgust and contempt could be found in all cultures. The researchers wondered if the three universal negative facial expressions had been combined over time into a single negative facial expression. And yes it has. Here is what the researchers call the “universal not face”. You will note the similarity to McKayla’s “not impressed” face. The researchers describe the expression like this:

It consists of a furrowed brow, pressed lips and raised chin, and because we make it when we convey negative sentiments, such as “I do not agree,” researchers are calling it the “not face.”

not face

Even in American Sign Language (ASL), the researchers found the “not face”. The researchers explain the word “not” can be signed with hands or it can simply be indicated by a shake of the head. However, sometimes, the researchers found, the “not face” was occasionally used in ASL without either the hand sign for “not” or the head shake. In other words, at times in ASL, the only way you know that the word “not” has been used is from the expression these researchers call the “not face”.

This study required hours and hours of painstaking frame-by-frame video analysis. The researchers now plan to automate the painstaking study of thousands of frames of films they analyzed while completing this study and then analyze one billion frames (for 10,000 hours of data) of YouTube footage of people speaking in an attempt to identify other “facial grammatical markers”. If you’d like to read more about this study, Newswise has a nice writeup.

From a litigation advocacy perspective, we think the lesson here is clear. If jurors listen to you with this expression (which is, as you recall, a combination of anger, disgust and contempt) it is likely not a good thing for your case. We’ve all seen this look. Most of us have probably mimicked this facial expression. Now it has a name and we can fear it in the jury boxes not just in the United States but of the world.

Benitez-Quiroz CF, Wilbur RB, & Martinez AM (2016). The not face: A grammaticalization of facial expressions of emotion. Cognition, 150, 77-84 PMID: 26872248

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