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Archive for the ‘Generation or Age of Juror’ Category

mother of all gender gapsWe 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.

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Brittany-MaynardBrittany 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.”

Maynard post insert

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.

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spiral of silenceWe’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:

Pew spiral blog insert

 

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.

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The Fear of Missing Out (FoMO) Scale

Friday, September 12, 2014
posted by Rita Handrich

Fomo-Meme 2Social media applications have made it much easier for us to know what our friends are doing. While this knowledge can have positive benefit, it can also result in a paralyzing fear of missing out (popularly known as FoMO). FoMO has even made the Oxford Dictionary and is defined there as “anxiety that an exciting or interesting event may currently be happening elsewhere, often aroused by posts seen on a social media website”. Researchers in 2011 and 2012 defined FoMO as “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”. The researchers from today’s article define FoMO as “a pervasive apprehension that others might be having rewarding experiences from which one is absent” and say that “FoMO is characterized by the desire to stay continually connected  with what others are doing”.

FoMO is apparently one reason people are so drawn to multiple social media sites. Someone who actively uses Twitter, Facebook, FourSquare, Instagram and Pinterest (for example) could be experiencing FoMO (along with not having time to perform an actual job). FoMO could also be a reason behind the obsessive checking of smartphones during actual face-to-face conversations. There are multiple articles devoted to overcoming FoMO. Obviously FoMO is a serious problem for some people, so it is good academics have come to our rescue and developed a scale (the first) to measure the Fear of Missing Out (FoMO).

The researchers developed a 10-item Fear of Missing Out Scale and their results indicated something shocking: “the young, and young males in particular, tended towards higher levels of FoMO”. Further, they mention those high in FoMO tend to use Facebook during university lectures and compose and read emails and texts while driving. You may wonder what sorts of questions are used to measure something as clearly destructive as FoMO. We are here to serve. This is a 10 item measure and we will share 4 of those questions with you so you have a sense of the kinds of questions that will measure FoMO. These questions are rated on a 5-point Likert scale of “not at all true about me” to “extremely true of me”.

I fear others have more rewarding experiences than me.

I get anxious when I don’t know what my friends are up to.

Sometimes I wonder if I spend too much time keeping up with what is going on.

When I go on vacation, I continue to keep tabs on what my friends are doing.

From our perspective, it makes sense that this is a phenomena largely experienced by the young. Social media activities can take a tremendous amount of time if you really engage in it. The preoccupation with all things social media is a constant concern for trial lawyers and court personnel who worry about what we used to call the Google mistrial. The one benefit of the FoMO Scale we can see for litigation advocacy is the way the scale designers asked about social media involvement.

Rather than asking if participants used social media platforms, they asked very specific questions. They asked participants if they used social media “within 15 minutes of waking up”, “while eating breakfast”, “when eating lunch”, “when eating dinner”, or “within 15 minutes of going to sleep”. They asked how often in the past week (from “not once” to “every day”) they had used social media during all those times. Those with more extreme usage responses were (not surprisingly) higher in FoMO. The lesson?

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.

Przybylski, AK, Murayama, K, DeHaan, CR, & Gladwell, V (2013). Motivational, emotional, and behavioral correlates of fear of missing out. Computers in Human Behavior, 29, 1841-1848

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TJE_logoThe August issue of The Jury Expert is up and we think you’re going to want to see this. Here’s a rundown of the articles you’ll find at the website.

Demographic Roulette: What was once a bad idea has gotten worse. Authored by Doug Keene and Rita Handrich with a response from Paul Begala, this article takes a look at how the country has changed over the past 2 decades and our old definitions of Democrat or Republican and conservative or liberal are simply no longer useful. What does that mean for voir dire? What should it mean for voir dire? Two very good questions those.

If it feels bad to me, it’s wrong for you: The role of emotions in evaluating harmful acts. Authored by Ivar Hannikainen, Ryan Miller and Fiery Cushman with responses from Ken Broda-Bahm and Alison Bennett, this article has a lesson for us all. It isn’t what that terrible, awful defendant did that makes me want to punish, it’s how I think I would feel if I did that sort of terrible, horrible awful thing. That’s what makes me want to punish you. It’s an interesting perspective when we consider what makes jurors determine lesser or greater punishment.

Neuroimagery and the Jury. Authored by Jillian M. Ware, Jessica L. Jones, and Nick Schweitzer with responses from Ekaterina Pivovarova and Stanley L. Brodsky, Adam Shniderman, and Ron Bullis. Remember how fearful everyone was about the CSI Effect when the research on the ‘pretty pictures’ of neuroimagery came out? In the past few years, several pieces of research have sought to replicate and extend the early findings. These studies, however, failed to find support for the idea that neuroimages unduly influence jurors. This overview catches us up on the literature with provocative ideas as to where neurolaw is now.

Predicting Jurors’ Verdict Preference from Behavioral Mimicry. Authored by Matthew Groebe, Garold Stasser, and Kevin-Khristián Cosgriff-Hernandez, this paper gives insight into how jurors may be leaning in support of one side or the other at various points during the trial. This is a project completed using data from actual mock trials (and not the ubiquitous undergraduate).

Our Favorite Thing. We often have a Favorite Thing in The Jury Expert. A Favorite Thing is something low-cost or free that is just fabulous. This issue, Brian Patterson shares the idea of mind mapping and several ways (both low-tech and high-tech) to make it happen.

The Ubiquitous Practice of “Prehabilitation” Leads Prospective Jurors to Conceal Their Biases. Authored by Mykol C. Hamilton, Emily Lindon, Madeline Pitt, and Emily K. Robbins, with responses from Charli Morris and Diane Wiley, this article looks at how to not “prehabilitate” your jurors and offers ideas about alternate ways of asking the question rather than the tired, old “can you be fair and unbiased?”.

Novel Defenses in the Courtroom. Authored by Shelby Forsythe and Monica K. Miller, with a response from Richard Gabriel. This article examines the reactions of research participants to a number of novel defenses (Amnesia, Post-Traumatic Stress Disorder (PTSD), Battered Women Syndrome (BWS), Multiple Personality Disorder (MPD), Post-Partum Depression (PPD), and Gay Panic Defense) and makes recommendations on how (as well as whether or not) to use these defenses.

On The Application of Game Theory in Jury Selection. Authored by David M. Caditz with responses from Roy Futterman and Edward Schwartz. Suppose there was a more predictable, accurate and efficient way of exercising your peremptory strikes? Like using a computer model based on game theory? In this article, a physicist presents his thoughts on making those final decisions more logical and rational and based on the moves opposing counsel is likely to make.

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