Archive for the ‘Generation or Age of Juror’ Category
Tom Puzak, over at GearJunkie wrote about it first a couple of weeks ago and then the term went viral.
“He looks like a man of the woods, but works at The Nerdery, programming for a healthy salary and benefits. His backpack carries a MacBook Air, but looks like it should carry a lumberjack’s axe. He is the Lumbersexual. Seen in New York, LA and everywhere in between, the Lumbersexual is bringing the outdoor industry’s clothing and accessories into the mainstream.”
According to Sociological Images blog, the definition of the lumbersexual continues to evolve:
“Lumbersexuals are probably best recognized by a set of hirsute bodies and grooming habits. Their attire, bodies, and comportment are presumed to cite stereotypes of lumberjacks in the cultural imaginary. However, combined with the overall cultural portrayal of the lumbersexual, this stereotype set fundamentally creates an aesthetic with a particular subset of men that idealizes a cold weather, rugged, large, hard-bodied, bewhiskered configuration of masculinity.”
You may confuse this description with your stereotypes of lumberjacks. There is a critical difference however. Sociological Images continues:
“One of the key signifiers of the “lumbersexual,” however, is that he is not, in fact, a lumberjack. Like the hipster, the lumbersexual is less of an identity men claim and more of one used to describe them (perhaps, against their wishes).”
So, the lumbersexual isn’t really a lumberjack, but more of a costume we could see as the opposite of the metrosexual. Gawker continues to educate us on the lumbersexual:
“To facilitate an easy discussion, it might help you to think of a Lumbersexual as a foil to the Metrosexual, the alleged nadir of masculinity from last decade. So, instead of slim-legged pants, envision pants with a little extra leg room (see: “regular cut”). Rather than be clean-shaven, the Lumbersexual has an unkempt beard. The Metrosexual is clean and pretty and well-groomed; the Lumbersexual spends the same amount of money, but looks filthy. Sartorially speaking, a Lumbersexual is a delicate tri-blend of L.L. Bean, Timberlake, and Sears.”
In case you have not yet figured this out, it’s a label with a bit of sneer in it. The Atlantic calls them “bearded, manly men” while the Daily Beast opines the lumbersexual represents yet more blurring of the lines between gay and straight as they are “all beards, flannel shirts and work boots”. Jezebel compiles a tongue-in-cheek reference guide to the lumbersexual subtypes (e.g., the Metrojack, the Advanced Lumbersexual, and the Urban Woodsman).
“In conclusion, it’s a nice look, but somewhat misleading—reading these pieces feels like meeting a retro sexy librarian type who isn’t actually into books. With the Lumbersexual, the very things that might draw to you such a manly dressed man are likely to disappoint when you discover he won’t be building a campfire, crafting some bookshelves, or investigating that weird noise outside the tent. But hey, fashion is fashion. And the lumberjack look is still pretty hot, right?”
As far as we can tell, the lumbersexual is an urban male (typically White and heterosexual) who dresses like a lumberjack even though he is far from a lumberjack. While it is a recognizable fashion statement, there are (as yet) no attitudes, values and beliefs attributed to the lumbersexual. While there is a sense that these are men trying to look “like real men” according to a hyper masculine definition—there is no evidence that their attitudes, values and beliefs would line up with what we think of as stereotypicaly masculine.
In other words, while you know an evocative pop culture label to assign, you have no real idea who that lumbersexual really is on the inside. Appearances have limited value. Obviously, that’s not a good decision-making strategy for voir dire. Even though it might be good for a laugh.
Back in the early ‘90s, I had a job that required me to carry a beeper. The constant awareness that I was “on call” was a source of strain and led me to complain I was never really “off duty”. Flash forward to this century and I cannot imagine being without my smart phone. In fact, I often double-check to be sure I have my iPhone when I am on the go so I never leave it behind. It’s a whole different sort of anxiety about being separated from my iPhone than I felt toward that beeper.
And I am not alone. Today’s researchers examine how many of us are anxious when separated from our instant access to email, texting, the internet, and the ability to make phone calls. They go so far as to say “cell phone separation can have serious psychological and physiological effects on iPhone users, including poor performance on cognitive tests”. Further, they say, “iPhone are capable of becoming an extension of our selves such that when separated, we experience a lessening of ‘self’ and a negative physiological state”. Seriously?
Researchers conducted what they call a “multistaged experiment”. They used a survey phase to recruit 208 participants from three separate journalism courses. Of those 208, 136 completed the online questionnaire to allegedly “understand media usage among a sample of college students”. (In truth, the researchers were looking for iPhone users and found 117 iPhone users in the 136 who completed the survey.)
Those 117 iPhone users were contacted again and told they could participate in a second study for additional course credit and a $50 gift card. Of the 117, 41 (73% female, average age 21.2 years, 88% White, 5% Black, 5% Asian and 2% Hispanic) agreed to participate in a 20 minute experiment.
The purpose of the 20 minute experiment was to see what happened to “perceived level of self, cognition, emotion and physiology” when the participant was separated from their iPhone and the iPhone was ringing. However, the participants were told they were testing the accuracy of a new blood pressure cuff while completing word search puzzles. The researchers had the participants complete word search puzzles while hooked up to the blood pressure cuff and either having their iPhone or not having their iPhone (since it was allegedly interfering with the blood pressure cuff operation and so the participant was asked to set their iPhone on a table four feet away from them).
The researchers found that participants separated from their iPhones had increases in heart rate, increases in self-reports of feeling unpleasant, found fewer words in their word search puzzles, increases in blood pressure levels, and higher self-reported anxiety.
The researchers conclude that being separated from your iPhone results in poorer cognitive performance and thus you may not want to be separated from your iPhone during tasks requiring significant mental performance (think test-taking, meetings, classes, and even perhaps, jury duty). The distraction and loss of your sense of self when separated from your iPhone may make you perform more poorly on those tasks. (Somewhere, Steve Jobs is smiling.)
While we wonder if this level of intrusive anxiety and poor performance is unique to college students (as measured by the FOMO scale) who have grown up with the constant presence of various cell phones and smart phones, it does raise the question of whether jurors are distracted from their deliberations by the court instructions to not use the internet, or post status updates about their experiences, or communicate with anyone, or quickly look up the definition of a word or phrase. And in Federal courts, you are usually banned from bringing the phone into the courthouse.
Being told to not use your phone is along the same lines as placing your iPhone out of your reach and not being able to answer it. Does it have the same effect? Are jurors struggling with distraction over not being able to use their phones? If yes, all the more reason to tell them why we don’t want them to use their smartphones. It probably won’t make the distraction go away, but it may help them understand why it is important.
Clayton, R., Leshner, G., & Almond, A. (2015). The Extended iSelf: The Impact of iPhone Separation on Cognition, Emotion, and Physiology Journal of Computer-Mediated Communication DOI: 10.1111/jcc4.12109
We follow, as you may have noticed, attitudes, values and beliefs toward a wide variety of issues. So we were surprised to see this 2012 national poll from Quinnipiac University pop up in a number of recent blog posts. According to their survey, while Americans favored the legalization of marijuana (51% to 44%) there were significant age and gender gaps.
“Men support legalization 59 to 36% but women are opposed 52 to 44%.”
Younger voters, “18-29 years old support legalization 67 to 29% while voters over age 65 are opposed 56 to 35%.”
For some reason, a number of blogs picked up the survey about 2 years after it was completed and questioned why the gender gap in attitudes toward marijuana legalization existed. Michele Martinez Campbell at Narcolaw wonders if, as others have posited, it is “just that more men than women are potheads” and scoffs at that explanation as glib.Instead, she believes, “female opposition stems from questions about the impact legalization will have on public health, crime and the social fabric”.
Over at TheMoneyIllusion, Scott Sumner calls this “the mother of all gender gaps” and gets 47 comments. One of the commenters points out a similar gender gap on marijuana legalization in a 2014 survey in Germany (although he did not provide a URL), but still none of the commenters seem to notice the “new” survey they are talking about is 2 years old.
Finally, the discussion goes over to Marginal Revolution and Tyler Cowen amasses 113 comments (at this writing)–many of which are sexist although some are quite funny (“it’s hard enough to get the man to take the trash out when he isn’t stoned”). And again, despite the proliferation of comments, not a single commenter mentions the Quinnipiac survey they are hotly debating is from 2012 and not 2014.
It’s a curious pattern for sure–men trending more liberal and women more conservative. It is at odds with what tends to happen and therefore we think it could be important. But, we can’t just take 2012 data and interpret it through a 2014, post mid-term election lens. We need to see if the gender gap Quinnipiac reported in 2012, remains the same in 2014. Why? Attitudes toward marijuana legalization have been changing very quickly. In November of 2014, we simply cannot know if the “mother of all gender gaps” really does still exist based on survey data from 2012.
When using survey data and hypothesizing as to meaning in the current day, you need to be very sure your survey data is also current.
And it would be wise to go to the original source rather than parroting what others have said and furthering the inaccuracies.
Brittany Maynard, the 29-year-old woman with an aggressive and terminal brain cancer who announced her intention to take her life, has put a face on the “death with dignity” movement. Her announcement that she would take her life thanks to Oregon’s right to die laws, spurred many “offers” of advice for her. Cannabis for cancer, stem cell therapy, choose life, and multiple offers of vitamin cures, dietary changes, and other ideas proliferate in comment sections.
Others in the comment sections express the idea that Maynard herself comments on in her video–i.e., no one else can know what is best for her and many comment they wish this option of choosing the time of death had been available to their loved ones who died of cancer. Maynard initially said she would die on November 2, but then, as the date approached, changed her mind saying it simply “wasn’t the right time yet” although she ultimately did take her life on November 1. Brittany Maynard has achieved her goal of a national discussion on death with dignity.
It’s an issue that the Pew Research Center also highlighted recently, saying it is an issue that divides America. Here are some of the attitudes Pew reported in their October 22, 2014 report on American attitudes toward doctor-assisted suicide laws.
While 2/3 of Americans say there are circumstances where a patient should be allowed to die, there is more division over allowing doctor-assisted suicides for the terminally ill. Pew says Americans are almost evenly split on the issue “with 47% in favor of such laws and 49% opposed. Views on doctor-assisted suicide are little changed since 2005.”
Surprisingly, there is no real difference in attitudes toward doctor-assisted suicide by age group: “Maynard’s generation is no more supportive of such laws than are older Americans: 45% of those ages 18-29 approve of assisted-suicide laws, while 54% oppose them.”
It’s an intriguing topic to consider in the context of jury selection. We agree with the Pew finding that young Americans have given little thought to end of life issues. But our experience has been that while our mock jurors have abstract beliefs about hot-button issues, when they see and hear the facts of a story and are faced with the obstacles and experiences of a Plaintiff–they often change their minds about how they would feel “in the Plaintiff’s shoes”.
One especially powerful pretrial research project we conducted showed a “day in the life” video of the Plaintiff who was paralyzed and had made clear his wish to be allowed to die (repeatedly). One male juror quietly muttered that the Plaintiff could not even raise a hand to achieve his goal. Others grimly nodded. In that case, there was consensus in the deliberation room as to what “should” be allowed to happen.
It’s a powerful thing to consider. We can “know” how we think we feel. But once we are in a horrible position, like Brittany Maynard has faced, the choices we will make are ones that could well be foreign to use before we were forced to consider them. Telling your client’s story without the use of “hot button phrases” that will keep jurors from listening could result in an outcome unexpected if you are predicting juror behavior from current research polls.
We’ve blogged a fair amount on the impact of the internet and social networking on jurors but here is something unexpected. People that engage in social media are less likely to discuss heated topics in the news, not more likely. This is according to a recent Pew Research report.
Back in 1974, Noelle-Neumann described the “spiral of silence” which basically describes a tendency to not speak up when we perceive our own beliefs and opinions to be in the minority. With the advent of intense social media involvement, researchers had hoped there would be more willingness to engage in discussion that truly reflected a variety of beliefs and values. Alas, it is not so.
The new report on the Pew website essentially says the relative anonymity afforded by the internet doesn’t make us (or at least most of us) brave enough to stand up for what we believe. It’s a sad commentary and what it seems to say is the “new transparency” of social media is just another public facade people who hold minority opinions feel they must maintain. Perhaps it is due to FoMO–another recent blog post of ours.
Regardless, here is some of what the Pew report finds in data collected from 1,801 adults between August 7th and September 16th, 2013–using the example of the Edward Snowden-NSA story. As background, the Snowden story was chosen since previous Pew surveys found the public was split on this story: 44% said the release of classified information harms the public interest and 49% said it serves the public interest. Of the 1,801 adults surveyed, 80% of the adults in this survey were internet users. 71% were Facebook users and (only) 18% of them were Twitter users.
While 86% were willing to have an in-person conversation about the Snowden-NSA story, only 42% of Facebook and Twitter users said they were willing to post about it online. The researchers believe social media users are particularly attuned to the opinions of those around them and are thus less willing to disagree with them.
Even when holding other factors (like age, gender, education, race, and marital status) constant, social media users are less likely to say they would join in (even in person) than non-social media users of the internet. Facebook users are only half as willing to discuss the Snowden-NSA story at a physical public meeting as a non-Facebook user. Twitter users are less likely to be willing to share their opinions in the workplace than internet users who do not use Twitter.
Social media users who think their social media friends and followers disagree with them on the Snowden-NSA issue were “more likely to self-censor their views on the story in both social media and in face-to-face encounters”.
In both face-to-face and online environments, people were more willing to openly express their views if they thought others agreed with them. 86% said they were “very” or “somewhat” willing to have a conversation about the story in at least one face-to-face setting, but only 42% of Facebook and Twitter users would discuss the story on social media.
The Pew Foundation graphic illustrates this clearly:
From a litigation advocacy perspective, the chilling effect of social media involvement on one’s willingness to state a differing opinion is of great concern. We have always taken the lone naysayer in pretrial research seriously and expressed appreciation for their courage in speaking up in disagreement. This survey highlights the need to establish a friendly and receptive juror-centric tone (rather than one of client advocacy and confrontation) in voir dire. And it is yet another reason to teach jurors in actual trials how to deliberate and to make clear for them the importance of allowing disagreement and the expression of differing opinions.
One day perhaps we will all feel able to express what we believe to others. Social media, contrary to the expectations of many, has not changed the desire to not make waves and to self-censor opinions we believe will be unpopular.
We have all seen the evidence of what are commonly known as “trolls” on comment pages for various news sites and high-traffic. These people are not those identified by this Pew Report and we’ve covered a research study that helped us to understand those who actually comment on major news sites are probably not people we want as jurors!
KEITH HAMPTON, LEE RAINIE, WEIXU LU, MARIA DWYER, INYOUNG SHIN, AND KRISTEN PURCELL (2014). Social Media and the ‘Spiral of Silence’. Pew Research Internet Project.