Archive for the ‘Generation or Age of Juror’ Category
by Chris Dominic, Jeffrey Jarman, and Jonathan Lytle–all of Tsongas Consulting. Many of us have had spirited discussions about how the angle of the camera in deposition affects the impression of witness credibility. We all have strong ideas and sound reasons behind those ideas. These authors had the same sort of discussions but actually did research on it so you could benefit from this knowledge as well.
by Aner Tal from Cornell with responses from visual evidence specialists Jason Barnes and Karyn Taylor. Ever wonder just how much difference there is in how persuasive charts and graphs are in the courtroom? This researcher looked at whether a simple (very simple) graph with no bells and whistles would be more persuasive to triers of fact. You will find the results odd and somewhat unsettling. Jason Barnes and Karyn Taylor respond with their perspective on making visual evidence compelling.
by Steven Perkel and Benjamin Perkel, both of Perkel and Associates. The question of plain language jury instructions has been around for a while but we wanted to bring you the most recent findings and thoughts on making jury instructions easier for jurors to understand and interpret.
The terms “soft science” and “hard science” are commonly applied to different scientific disciplines, and scientists have investigated and theorized about features that apply when placing scientific disciplines on a soft-hard continuum. In the minds of laypeople, however, the difference may lie in the more simple perceptions of different scientific disciplines. The very words themselves, “soft” and “hard”, may hint at different reputations. Soft sciences are fuzzy and less rigid, suggesting lower reliability, validity, and rigor than hard sciences possess.
Here’s another favorite thing and this one is all about research being done (both brain and biological) that touches on ethical issues we need to understand.
by Roy Futterman of DOAR. Jury selection is a strategic activity that requires you to imagine how the other side will react. This author suggests you take that imagination a step further by behaving strategically to get opposing counsel to strike jurors you want them to strike–effectively giving you twice the number of strikes when you are successful. How could you not read this one?!
by Doug Keene and Rita Handrich, both of Keene Trial Consulting. Recently we were asked to conduct research on whether jurors of different generations responded to case themes differently. In preparation for this, we updated the generational research completed in the past few years. This article summarizes what we learned about the “real” (as opposed to anecdotal) differences between generations and how you can use a sensible approach to managing your own multigenerational office.
Every year we have been giving you a list of the top ten articles on The Jury Expert’s website for the past year. We thought we would also show you our top ten most highly trafficked articles since we began to publish online. It’s an interesting list with some of what readers say is our best work. Don’t miss it!
Image is TJE logo
You’ve likely run across the statistics on Facebook being the cause of many divorces or relationship failures as unhappy individuals reunite with past loves lost. There is also of course, often heartbreak as online loves turn out to be not quite who you thought. Now Facebook is also implicated in prolonging the unhappiness after a relationship breakup with 88% (!) of Facebook users “creeping” ex-partners. Imagine a darkened room, a pint of ice cream, a laptop with a high-speed connection, and you are never far away from seeing what your ex is up to now that you are no longer part of his or her everyday life.
Researchers in Canada asked 107 participants (ranging in age from 18 to 35 years with an average age of 23 years) who reported relationship breakups in the past 12 months to complete questionnaires and participate in a structured face-to-face interview on the relationship between Facebook ‘creeping’ and their ongoing distress following relationship breakup. On average, these participants reported their (now defunct) relationship had lasted 2.29 years (with about half having broken up in the past six months and the other half having broken up 7-12 months prior to the study).
In brief, here is what the researchers found:
The more “creeping” (also referred to as “internet electronic surveillance”) one does, the more emotional upset is reported related to the breakup.
The most commonly distressing factor was the ex-partner’s Facebook profile and 88% of the participants reported “creeping” their ex following a breakup. When the participant had remained Facebook friends with their ex, 100% monitored the behavior of the ex after the breakup.
“A breakup without Facebook, you can’t really see what your ex is doing, but with Facebook you just have to click and you know exactly what they’ve been up to. That’s a little frustrating.”
The second distressing factor was the Facebook “relationship status” feature. Changing the relationship status to “single” after “in a relationship” involved multiple questions from “friends” (for 62% of the participants) which raised distress level.
“In some weird way, it kind of feels like you’re breaking up all over again when the status comes down. It angered me at the time that something as trivial as a Facebook status could make me feel so shitty.”
The third distressing area was content posted on Facebook by the participant’s ex-partner which was then seen in the participant’s newsfeed. Participants seeing new content found themselves ruminating over happy memories and wondering why the relationship had ended. Unexpectedly, those who “unfriended” their ex on Facebook had more emotional distress than those who kept the ex as a Facebook friend. For some, like the participant quoted below, “unfriending” helped manage the emotional distress but that was untrue for the majority of participants.
“I would say pull off the Band-Aid as quickly as possible and block the person if you’re finding it as painful as I did to see their continuing existence in your sphere. You’ll immediately feel better, or at least I did.”
It’s an intriguing study that highlights the differences in breaking up in public as opposed to having a private (non-Facebook) breakup. While it is easier to keep up with family and friends on Facebook—it is also more painful post-breakup since your “relationship status” trumpets your pain to all your Facebook friends. The more “creeping” done, the more emotional distress experienced.
The authors also developed a new scale to measure Facebook distress related to creeping an ex after a breakup. The scale does not appear to be named yet but here are a few items from it:
I over-analyze old messages, wall posts or photographs of me and my ex together.
I can’t help feeling angry about content my ex posts on Facebook.
I feel paranoid that people posting on my ex’s wall are potential romantic interests.
Looking at my ex’s Facebook page is self-destructive.
From a litigation advocacy perspective, it seems important to recognize the power of a relationship breakup disclosed through social media, and the identification young people in particular could have with a party publicly shamed, belittled, discarded, or otherwise rejected. In this case, social media (i.e., Facebook involvement) makes the emotional pain last longer and be more intense and it is likely that shame feeds the flame of that sense of public rejection or perceived failure. Every time a Facebook post is re-mentioned (like, for months on end following a breakup when yet another person comments about it after not checking their timeline in a while) it can be traumatizing. If someone feels that they were wrongfully terminated (or are just embarrassed about it) and they get questions about the change in their LinkedIn status from “District Manager at Acme Industries” to something less clear, it can be very difficult for them to explain. That which was once self-promotion can quickly blow up. It’s a potentially powerful theme for case narrative. And it raises questions about how a company might want to guide the use employees make of social media when it involves references to employment status.
Lukacs, V., & Quan-Haase, A. (2015). Romantic breakups on Facebook: new scales for studying post-breakup behaviors, digital distress, and surveillance Information, Communication & Society, 18 (5), 492-508 DOI: 10.1080/1369118X.2015.1008540
We’ve done a lot of literature review on generations and written papers summarized here and published in The Jury Expert. And it’s time for a new paper! Recently, we were asked to do some work on sorting out if (and how) the generations respond differently to fact patterns in litigation, And, as part of preparing for that research, we took a look at research published since we last wrote a literature review on generations at work. The article described here is the result of that pre-project preparation.
As we prepared for the mock trial research with mock jurors of varying generations, our client said, “50 year old GenXers?”.It’s hard to believe GenXers are really that old, but do the math—time has continued its inexorable march. Do that math a few more times and you will see the oldest Millennials are in their early thirties and the oldest Boomers are turning 70! It is easy to lose track of the passage of time and many of us tend to retain our outdated impressions of younger generations frozen in time. But they are growing older (just like we are) and changing as they mature. It’s imperative that we all keep our internal stereotypes up-to-date with reality in order to not be left behind with an outdated vision of who will come to interviews or even serve on our juries.
We wrote this paper for law firms trying to sort out management of the multigenerational workplace. There is fascinating research being done in this area and much of it can be translated into clear and behavioral steps to be taught to your managers and employees in general. This article discusses some recently found “real differences” between the three generations in the workplace (i.e., Boomer, GenXer, Millennial) identified in large sample size and global studies of individuals. If you enjoy learning about the latest research on generations and want to know more about making your workplace function more efficiently and respectfully—we hope you’ll read our latest article Loyalty, Longevity and Leadership in The Jury Expert.
The smartphone has changed our lives. Just last fall, we wrote about the Fear of Missing Out (FOMO) Scale. As a reminder, that post was about how smartphones allow us to obsessively check our email and social media sites to see what our friends and followers and family members are doing— out of a fear of the grave danger that we are missing out on something somehow. Now, the smartphone has inspired yet another concept and another yardstick to measure it, as academicians struggle to find novel paths to tenure. This scale isn’t about obsessively checking your phone—it’s about how you feel when the phone is not available to you. Nomophobia is considered “a 21st century disorder resulting from new technologies” and even has an entry in the Urban Dictionary which is suitably brief so as to more succinctly illustrate the horror that is nomophobia:
Fear of being away from a mobile phone.
“That guy has serious nomophobia.”
Technically, nomophobia refers a fear of being unable to communicate via a mobile phone or via the internet. It is seen as a “situational phobia” and obviously, a phobia this severe demands a scale to measure our level of nomophobia (which stands for No Mobile Phone Phobia). Researchers in Iowa wanted to measure reactions to being without use of a smartphone and so, set out to create a scale to measure our fear of being without our smartphones. Does not having your phone create anxiety? Are you in a full-blown panic at being off the grid, even for a little while? Researchers interviewed 300 undergraduates who “heavily depended on their smart phones” and ultimately devised a 20-item scale to measure nomophobia. [As an admittedly cynical aside, we would like them to find a sample of 300 undergrads who are not “heavily dependent on their smart phones”. A far more challenging research project.] They validated the questionnaire on a small group of students to ensure the scale produced reliable scores and then they administered the scale to the sample of 300 undergraduates to perform exploratory factor analysis.
Here are a few of the 20 items on the NMP-Q scale:
If I could not check my smartphone for a while, I would feel a desire to check it.
If I could not use my smartphone, I would be afraid of getting stranded somewhere.
If I did not have my smartphone with me, I would be worried because my family and/or friends could not reach me.
If I did not have my smartphone with me, I would feel weird because I would not know what to do.
If I did not have my smartphone with me, I would be anxious because I would be disconnected from my online identity.
The authors identify four separate factors that emerged in their analysis. When participants were without their cell phones, these concerns arose: not being able to communicate instantly with others, losing connectedness with others, not being able to access information, and giving up convenience of having a smartphone to use if one chose to do so. While many of us would undoubtedly worry about being stranded someplace without a smartphone—many of the items on the scale refer to losing a sense of connection to your social media identity/persona. Like the fear of missing out, nomophobia is likely more pronounced among the young.
From an outside perspective, there is nothing terribly surprising about the research. If you are accustomed to wearing a wristwatch every day and it is the only timepiece you have available, you will be uncomfortable if you are without it. You will worry about being late. You will wonder whether there will be problems associated with your not knowing what time it is frequently. We get accustomed to tools we use frequently, and we don’t like them to be suddenly unavailable to us.
From a litigation advocacy perspective, this study (again) speaks to the power of court admonitions to not use smartphones or social media during jury service. The smartphone is ubiquitous these days and increasingly, current studies are showing us that being unable to use one’s smartphone is a bitter pill for some to swallow. Last fall, we summed up the Fear of Missing Out Scale (FOMO) post this way:
Heavy social media users are likely to be more distracted, have a shorter attention span, more likely to reflexively use social media during trial, and want to get jury duty over ASAP so they can get back to tracking what really matters. You probably already knew that but with this new information you can impress everyone you know by saying, “This juror is going to be trouble for us since s/he has a high FoMO”. Thank goodness for academic research on scale development.
Now you can say, “this juror is very nomophobic” and consider if you want that level of angst in the jury room.
Yildirim, C., & Correia, A. (2015). Exploring the dimensions of nomophobia: Development and validation of a self-reported questionnaire Computers in Human Behavior, 49, 130-137 DOI: 10.1016/j.chb.2015.02.059
We’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