Archive for the ‘Generation or Age of Juror’ Category
We have a new article in The Jury Expert with insight and strategies for avoiding the dreaded “failure to communicate” and offering ideas on how to apply what we know about generational differences to your workplace, your courtroom presentations and, naturally, to voir dire. Why?
Our age and our generation shapes the lens through which we view the world. Not only because of the number and type of life experiences age presents, but also due to the key events that teach each generation what is important, and what needs to be considered in determining personal priorities and justice. Those experiences have patterns across the generations, but also differences. The marker events that shape our views can’t be transferred so easily. For those who grew up looking at black and white television images of the civil rights demonstrations in the 1960’s, the world is different than for those who grew up with iPods and text messaging. But how? Are we really that different? Can a workplace successfully accommodate the differences? Can juries come to a collaborative verdict with diverse age groups in the box?
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. A recent editorial in the LA Times points out that from 2004 to 2008, the legal field grew less than 1% on average (and the same growth rate is predicted until 2016). The number of likely attorney positions opening per year is thus 30,000. US law schools are graduating 45,000 new JDs every year. Fully one-third of US law school graduates will likely not find employment as attorneys.
What we’ve learned is that cross-generational communication is complicated. There isn’t an easy recipe for success, but there is a path toward effectiveness. There are principles and strategies to use both in successful intergenerational work teams as well as effective jury dynamics. In other words– they don’t all have to be just like you in order for things to go smoothly. Visit this new article at The Jury Expert site for both “how to” and “why to” strategies that will aid you in skillfully negotiating generational differences–in the courtroom and in the office.
Douglas L. Keene, & Rita R. Handrich (2013). Values, Priorities, and Decision-Making: Intergenerational Law Offices, Intergenerational Juries. The Jury Expert, 25 (1.)
You’ve seen our posts on wearing red (for both men and women) and the bounce you get in terms of perceived attractiveness and likability. But wait! New research says it doesn’t work for all of us!
There is some new research that confirms the results of prior research, saying once again that when men look at women wearing red they see those women as more attractive. And women expecting to interact with an attractive man were more likely to choose to wear a red shirt than a blue shirt.
The psychologists who do this research say this is not simply a Western phenomena but rather a seemingly hard-wired and universal preference/predilection as shown by recent research in rural Burkina Faso. (Of course, you already knew Burkina Faso is a landlocked and very poor area in West Africa.)
There is also something a little more disturbing being reported. And here it comes. Researchers in Germany wondered if red was equally flattering to women (in the eyes of heterosexual men) regardless of the woman’s age. They recruited participants to test this question from a shopping district and a university campus. As you perhaps can guess, no, red isn’t equally flattering to women regardless of age. At least not when it comes to making heterosexual men think of sex when they look at you.
The researchers recruited 60 young men–average age 24.7 years– and 60 (what the researchers labeled) “old men”–average age 53.5 years– who were presented with photographs of either a young female target (perceived to be about 23.7 years of age) or an “old female target” (perceived to be about 48.2 years of age). [Let’s agree that these characterizations of “old” are harsh and unreasonable, and just try to move on.] There were four photo variations (e.g., young target/white background, young target/red background, old target/white background, old target/red background) and one of the four photos was shown to every participant. The male research participants were asked the following three questions to determine sexual attractiveness [and we are not making this up]:
How much do you want to be intimate with this person?
How sexually desirable do you find this person?
How much do you want to have sex with this person?
German researchers do not mince words. Subjects were also asked a few other questions about the physical beauty, presumed intellect and likability of the female target. Finally, they were asked to estimate the age of the female target. And here are the (shocking) results:
Men (both old and young) found the young female target more sexually attractive than the old female target.
They found the young targets in front of the red background more attractive than the young targets photographed in front of the white background. As for the “old” target, no one really cared whether she was on a white or red background. There was no difference in how attractive she was described as being. Meh.
Both young and old men thought the young female target was equally sexually attractive. Old men thought the old female target more attractive than the young men did (so much for the cougar stereotype). In truth, the old men thought both young and old women equally sexually attractive (hence, the dirty old man stereotype). Takeaway: Everybody’s got a shot with Grandpa.
The young woman was seen as more physically attractive than the old woman. There were no differences in ratings of intellect or likability between the young woman and the old woman.
The researchers explain these results with hypotheses that are common among evolutionary psychologists and that make the rest of us (at least the “old women” among us) wince, gasp or growl. The researchers thought perhaps the young female target on the red background was more sexually attractive to the male participants because the “color red activates cognitive representations of ‘red-light districts’ in men, and the typical female sex worker is closer to 20 than 50 years old”. They further stick their feet in their mouth with the following: “It could also be that red is perceived as a cue to a woman’s ovulation, and our old target is clearly menopausal, so red is not a valid cue”. Evolutionary psychologists are not known for their wisdom in avoiding the application of gender stereotypes to explain their findings. It also makes one long for research on the dating aplomb of evolutionary psychologists. Not a romantic subgroup, apparently.
So. While we would say Tammy looks terrific in that red dress, this research would say it won’t help her be more persuasive or likable– in court or anywhere else. Red fades with time, and Tammy’s time has expired. Although old men will perhaps still leer since it seems as long as you are female, it works for them. Oy. Sometimes it’s hard to be a woman. Or maybe it becomes easier with time. Women in your 40’s or older: Wear the outfit you like the most, and to heck with what researchers say!
Elliot, A., Greitemeyer, T., & Pazda, A. (2012). Women’s use of red clothing as a sexual signal in intersexual interaction Journal of Experimental Social Psychology DOI: 10.1016/j.jesp.2012.10.001
Elliot, A., Tracy, J., Pazda, A., & Beall, A. (2013). Red enhances women’s attractiveness to men: First evidence suggesting universality Journal of Experimental Social Psychology, 49 (1), 165-168 DOI: 10.1016/j.jesp.2012.07.017
Schwarz, S., & Singer, M. (2013). Romantic red revisited: Red enhances men’s attraction to young, but not menopausal women Journal of Experimental Social Psychology, 49 (1), 161-164 DOI: 10.1016/j.jesp.2012.08.004
***We appreciate being included in the ABA Blawg 100 for the third year in a row! If you like our blawg, take a minute to vote for us here (under the Trial Practice category). Voting ends today–December 21, 2012. Thanks! Doug and Rita***
Few things are as frightening to us as the idea that our drinking water is contaminated. But this fear is a cornerstone of the debate as to whether hydro-fracking is the answer to our need for energy self-reliance or the slippery slope to contaminated drinking water and health declines for those living around hydro-fracking areas.
Hydraulic fracking [aka hydro-fracking] is a technique of recovering natural gas from underground geological formations that would otherwise not be sufficiently productive to be economical. By injecting fluids (water and chemicals) under high pressure into the gas well, fractures in the rock develop. After the injection procedure is complete, a successful hydraullic fracking procedure (also commonly referred to as “hydraulic fracturing”, “hydro-fracking”, “fracking” or “fracing”) results in higher rates of gas flow into the bore hole, and a more productive well.
It is unquestionably a very successful procedure for increasing well production, and one that has become heavily utilized in recent years. Since this technique has been employed, public concern over environmental impact on drinking water has skyrocketed in the gas field areas. Some local water supplies have developed a terrible taste. Others carry chemical concentrations in ground water that had not been previously noted.
The debate around hydro-fracking and the potential for ground water contamination as well as possible health impact is emotionally powerful. Proponents say fracking is misunderstood and it is a safe technique for accessing deeply buried energy resources. Opponents say we need to know more about the impact and that any risk to health and groundwater safety is too high.
We have a paper in the just released issue of The Jury Expert on hydro-fracking and the environment. In this paper, we generally describe typical arguments by both Plaintiffs and Defendants, but we will not attempt to weigh the scientific evidence that is typically presented in these 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.
We use random surveys of registered voters, likely voters and citizens of various states to illustrate varying and similar attitudes in states where hydro-fracking is actively being done, actively being considered, or where it will likely not be done. We first looked at this topic about a year ago and little was publicly available. Now, the information available has exponentially increased as media attention has begun to carefully scrutinize the safety and environmental impact of the practice.
Take a look at our article and let us know what you think of it.
“The Player”, “The Beer Drinker” and “The Buddy”. These are tried and true “ideal male images” used by advertisers to attract men to their products and brand. Apparently, it’s not working so well anymore. Researchers say advertisers may need to incorporate “The Dad”, “The Husband” and “The Handyman” or even, “The Mentor” to avoid alienating the Gen X male consumer.
According to the researchers, “it used to be” that the initial three stereotypes appealed to men. Our guess is that these stereotypes appealed to Boomer men. Apparently, Gen X is a whole different group. Since men are now the primary shopper in a third of US households, it’s imperative that advertisers find the “new” stereotypes that will appeal.
Using the old stereotypes is apparently backfiring and men are reacting negatively to the stereotype, the ad, and the brand. Essentially, the message to the advertiser is “misrepresent me in your ads and you are as good as dead to me”. The researchers see what they call an extreme “market fragmentation” (in terms of male response to the ads) as an opportunity for companies to consider being responsible in media messages targeting men and boys. One of the researchers offers the following statement:
“People build up certain offensive and defensive strategies when they look at ads,” Otnes said. “If they feel threatened by an ad, it may actually bleed over into the way they feel about that product. So if a man is turned off by how males are portrayed in an advertisement, he’ll say, ‘I don’t want to be that guy’ ” – and that’s the end of his relationship with that brand. So teasing out what’s offensive from a sociological or cultural perspective is important.”
This research, while likely startling and disturbing for advertisers, is consistent with our research and writing on generational issues. We need to pay attention to the audience. What appealed to Boomer jurors, often misses the boat with the younger Gen X and Millennial jurors. As we frequently ask ourselves, and challenge clients to consider, “Who is your audience?” It is critical to keep up with the changes to the population of the country–which is reflected in the changing population of the venire. Do not unintentionally alienate or insult your jurors!
Linda Tuncay Zayer, & Stacy Neier (2011). An exploration of men’s brand relationships. Qualitative Market Research: An International Journal. DOI: 10.1108/13522751111099337
“Gender, Culture, and Consumer Behavior,” co-edited by Otnes and Zayer. www.routledge.com/books/details/9781848729469/
We’ve written for The Jury Expert a fair amount. In case you don’t know, The Jury Expert is a free publication from the American Society of Trial Consultants that is all about 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. Take a look at what we’ve done in the past couple of years.