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Archive for the ‘Generation or Age of Juror’ Category

TJE_logoWe’ve written for The Jury Expert a fair amount. In case you don’t know, The Jury Expert is the online journal published by the American Society of Trial Consultants dedicated to the art and science of litigation advocacy. Our articles in The Jury Expert are focused on litigation advocacy and meant to help you do your job with the latest information available. The last time we updated you on the articles we’ve written for The Jury Expert was in July of 2012. Take a look at what we’ve done in the past couple of years.

Loyalty, Longevity and Leadership: A Multigenerational Workforce Update: Our most recent article was written as we prepared for a large CLE presentation on the multigenerational law office. Do you wonder how to maximize the contributions of Baby Boomers, Gen X’rs and Millennials? This paper is as up to date as you can get on multigenerational issues in the workplace. Here’s a preview: “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 It is easy to lose track of the passage of time and many of us tend to retain our outdated impressions of younger generations frozen in time.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imperative that we all keep our internal stereotypes up-to-date with reality in order to not be left behind with an outdated vision of who will come to interviews or even serve on our juries”.

Book Review: Law and Neuroscience: A book review from Rita on a reference book and textbook covering the fast changing world of neurolaw. As a voracious reader and a veteran scourer of electronic databases, I often prepare myself to be disappointed when opening newly published professional books since they are almost always out of date by the time they are published. This one is different. When I read the quote below, I grinned and realized this volume would not simply summarize, but also inform readers and encourage the development of critical thinking through the relaying of case narratives and interpretation of research and law that is naturally engaging to those of us with an interest in the area.

“Even if fMRI could reliably diagnose psychopathy, it wouldn’t necessarily reduce a defendant’s culpability in the eyes of a judge or a jury. Ultimately, the law is based on an individual’s rational, intentional action, not brain anatomy or blood flow”, says Stephen Morse, professor of law and psychiatry at the University of Pennsylvania. “Brains don’t kill people. People kill people,” says Morse.

Demographic Roulette: What Was Once a Bad Idea Has Gotten Worse: We wrote this paper based on new survey data that said (to us) what we’ve been saying for years: “You can’t deselect (or select) jurors based on demographic information.” Here’s a peek: “Almost eighty years following Clarence Darrow’s distillation of how religion shapes jury behavior, the belief that demographics could be the holy grail for the selection of jurors persists. It is routine for our [attorney] clients to comment, in the midst of a mock juror deliberation, “Well, it looks like older women are good for us!” and for the associates to quickly add this to their notes for use in the upcoming jury selection. The lingering hope that demographics could predict a juror’s eventual vote represents a pesky and persistent belief. Too bad it’s rarely true.”

Book Review- Social Media as Evidence: Cases, Practice Pointers, and Techniques: Another book review from Rita—this one on social media issues. Here’s a little from the introduction: “The social media landscape shifts quickly and keeping up with changes in platforms, privacy settings, and case law is more than a full-time job. Websites used for juror research may be purchased by other websites and, suddenly, their results are identical. You can spend hours doing painstaking research and inadvertently “make contact” with a juror because you don’t understand how different social media websites notify users of who has looked at their social media profiles. You may think you are being very, very careful, and yet leave a trail behind you—sometimes called “cyber crumbs” or “electronic footprints” that can unintentionally identify you as having peered into the social media life of someone you (likely) do not know.”

The “Why” and “How” of Focus Group Research: Doug wrote this one for an issue of The Jury Expert prior to beginning to publish online. It’s been re-published as part of an issue on articles that stand the test of time. Here’s a sample: “Properly conducted focus groups are extremely useful in getting reactions to a wide array of aspects of the case. While it is not prudent to expect that the “verdict” of a small group research project will be repeated at trial, it is very likely that the same values, hot buttons, and sensibilities that engage the research group will resonate in the jury room”.

Intergenerational Law Offices, Intergenerational Juries: Values, Priorities, and Decision-Making: Another in the series of articles we’ve written on multigenerational issues—this one focused on the office and the courtroom. Here’s a sample of what you’ll find in this article: “The legal blawgosphere has been filled with anecdotal tales of what is termed “generational conflict” for years now. Based on conversations with our clients, contentious inter-generational interaction is not just out there “on the web”. It’s everywhere. We’ve written extensively on issues related to generations–both in the courtroom and in the office. As litigation consultants, we hear senior partners aiming sharp criticism toward both younger jurors and younger lawyers (especially new law school graduates), and we see the associates roll their eyes and grit their teeth at the disrespect they feel from some partners. The work ethic of the younger attorneys (judged as inadequate by older attorneys) is blamed for their trouble in finding jobs. “If they were not so lazy”, the opinion seems to go, and “if they did not want instant success, they wouldn’t have such a tough time finding work.” It is, in short, their own fault they are unemployed. They have bad values. Or so it is said by many of their elders. Especially the subgroup of employers, supervisors, and– occasionally– parents. But is that accurate? It turns out that it’s likely untrue.”

“Only the Guilty Would Confess to Crimes”: Understanding the Mystery of False Confessions. We wrote this paper as we researched the literature about false confessions in preparation for a case involving a man who spent 8 years on death row for a crime he had nothing to do with. This published about the time the documentary “Central Park Five”  came out, and it’s been consistently accessed by readers since then. Here’s an introductory view: “It is naturally hard to understand why anyone would confess to a crime they had not committed. Yet, in North America we can trace false confessions back to at least 1692 and the Salem Witch Trials where “large numbers of mostly women were tried for witchcraft on the basis of confessions extracted by torture and threats” (Kassin, 2010). More than 300 years later, people continue to falsely confess to crimes ranging from academic cheating to murder. But the mystery of why someone would falsely confess persists. Unlike the Salem Witch Trials, most false confessions today are provided under psychological duress, but without torture or threats of physical harm. Do the generally accepted modern police methods still produce false confessions, or does the responsibility for false confession fall entirely on the confessor? There is a tendency to believe “others” might well confess under duress–but most people think they, themselves, would never do such a thing (Horgan, Russano, Meissner & Evans, 2012). This belief illustrates the reality that most of us have no idea of what it feels like to undergo an interrogation. More than 80% of those taken into custody by the police waive their Miranda rights (Sangero & Halpert, 2011)”.

Book Review: Police Interrogations and False Confessions: Current Research, Practice, and Policy Recommendations: Another book review from Rita—this one reviewing false confessions research. Here’s some thoughts from early in the review: “This is a collection of chapters written by well-known scholars in the area of false confessions and police interrogations. A review of the Table of Contents shows a stimulatingly broad range of topics. You will find the expected reviews of research on police interrogations and false confessions and then everything from juvenile interrogations, the difference between false confessions and false guilty pleas (which takes you into the shadowy arena of plea bargains), chapters on recording the interrogation (one of which educates on camera angles that reduce observer bias), how to most effectively give the oral Miranda warning, the expert witness (including identification of the five most common challenges to expert testimony and suggestions for refuting those challenges), and a whole lot more.”

Hydraulic Fracking & The Environment: Juror Attitudes, Beliefs, and Priorities:  We were hired to work on fracking cases for both Plaintiffs and Defendants, and in preparing to address the complex and highly charged issues associated with fracking we discovered that information on attitudes toward fracking was hard to find for mere mortals. And what you did find was often driven by political agendas more than science. Here’s a description of what you’ll find in this paper: “In this paper we generally describe typical positions taken by both Plaintiffs and Defendants, but we will not attempt to weigh the scientific evidence that is typically presented in the toxic tort actions. Instead, we will focus attention on jurors, and the related concerns that litigants are going to face from jurors before the first word is spoken. Americans are consistently concerned about the environment, especially the environment of their own ‘backyard’. This concern is seen in surveys done at national, state, and local levels. As is typical in surveys, the closer the issue is to the respondent’s individual life circumstances, the more concern they express. “

Book Review: The Science of Attorney Advocacy: Rita wrote this book review in July, 2012. Here’s how the review starts: “This is an academic book written in a very accessible style with limited jargon and lots of information as to what advocacy lore is supported (and what is not supported) by the research literature. The book covers a wide variety of topics: attorney demeanor, attorney verbal communication as well as paralinguistic and kinesic communications (all are defined), the attorney-client relationship and attorney storytelling.”

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rose colored glassesNominations are now being accepted for the ABA Blawg 100 list. If you value this blog, please nominate us at the ABA site: http://www.abajournal.com/blawgs/blawg100_submit/. The only catch is you have to do it fast! Nominations close at midnight THIS COMING SUNDAY (8/16/2015).

As we completed the research for our latest article in The Jury Expert, we commented on the Millennial perception that, with their generation, gender bias against women in leadership would be nonexistent. Here’s what we wrote about this ‘rose-colored glasses’ view of their futures:

“Finally, in a testament to changing times ahead (or perhaps their oft-touted optimism), only 8% of Millennials fear they will be held back at work due to their gender (and the younger the Millennial, the less sex-based discrimination is feared). “

Unfortunately, this optimistic perspective may be incorrect if today’s paper is accurate. The Harvard Graduate School of Education has published a report through their Making Caring Common Project (MCC). Here’s how Harvard describes the report in their press release:

“MCC’s new research report, Leaning Out: Teen Girls and Leadership Biases, suggests that teen girls face a powerful barrier to leadership: gender bias. Based primarily on a survey of nearly 20,000 students, our report suggests that many teen boys and teen girls—and some of their parents—have biases against teen girls as leaders.”

According to MCC, biases still exist in both teen boys and girls (and in some of their parents—perhaps ironically, the report only specifies their mothers) against teen girls as leaders. The program surveyed almost 20,000 students in 59 different middle schools and high schools. Here are some of the key findings:

23% of girls preferred male to female political leaders (69% had no preference and only 8% preferred female politicians). In comparison, 40% of boys preferred male political leaders (56% of boys had no preference and 4% preferred female politicians).

There were a number of findings on race and ethnicity with students least likely to support giving more power to a hypothetical student council led by white girls and most likely to support giving more power to that hypothetical student council if it was led by white boys. White girls were also biased against leaders who were white girls.

Some mothers also responded in a way that appears to be biased against girls as leaders. (The researchers comment they cannot speak to the potential bias of fathers since their sample of father’s was too small.) Mothers tended to support student councils led by boys more than they did councils led by girls.

And finally, one of our favorite trial strategies pops up here as well. We talk a lot about “raising the flag of bias awareness” and these researchers mention it as well. Awareness of bias (of any type) reduces bias of all types, according to voluminous research findings.

Overall, it isn’t a death knell to the Millennial vision of equity in leadership and gender. The researchers offer a number of strategies for parents and educators to help reduce gender stereotyping in children, adolescents and teens. They are good recommendations for all of us.

It’s a good and clearly written overview of the study with specific recommendations to reduce bias. In this case it’s all about gender biases in leadership. The recommendations however, will work to reduce bias of all types. So go read!

Weissbourd, R et al. 2015 Leaning out: Teen girls and leadership biases. Making Caring Common Project from the Harvard Graduate School of Education. http://sites.gse.harvard.edu//making-caring-common/leaningout

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A new issue of The Jury Expert 

Monday, June 29, 2015
posted by Rita Handrich

TJE_logoWe try to post the Table of Contents for new issues of The Jury Expert here when it publishes and there is a new issue up now. Here’s what you’ll see if you visit.

Does Deposition Video Camera Angle Affect Witness Credibility?

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.

Looks Like Science, Must be True! Graphs and the Halo of Scientific Truth

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.

Jury Instructions: Work In Progress

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.

“Soft” vs. “Hard” Psychological Science in the Courtroom

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.

Favorite Thing: The Presidential Commission for the Study of Bioethical Issues

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.

Using The Other Side’s Strikes: Regulating The Information Flow To Steer Your Opponent In Voir Dire

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?!

Loyalty, Longevity and Leadership: A Multigenerational Workforce Update

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.

Top 10 Most Widely Read Jury Expert Articles Since 2011! 

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!

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facebook creeperYou’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

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multigenerational-householdsWe’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.

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