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Archive for the ‘Generation or Age of Juror’ Category

We read so much for this blog (and just out of general curiosity) that we often find these small bits of information which don’t justify an entire blog post but that we want to share with you because they are just too good to ignore. Here’s another one of those combination posts that you simply must read!

Generational labels are so passé

We are so used to hearing generational labels (like Boomer, Gen Xer, Millennial) tossed about in marketing presentations and in casual conversation but Harvard Business Review thinks these labels are obsolete. These labels don’t add additional information and are increasingly used as a substitute for age ranges, says HBR. Further (they opine) the cut-off dates for generations are entirely arbitrary, and frankly, there is a fair bit of variability in what birth-years ranges are thought to apply to these labels. They suggest, rather than the generational name labels, we use age or even age ranges to describe groups of people.

They call this “old way” of using generational monikers “generational segmentation” and say it is an artifact of (way back when) when marketers could not easily do “individual level targeting”. It’s an interesting perspective that rings pretty true to our minds especially considering this recent post (and we’ve done a lot of generationally-themed writing).  The most distorting aspect of the generational labels is that they are frozen in time—the members of each age cohort are often viewed as being alike in key ways, as if these characteristics don’t evolve as a person grows older. The “old way” combines generational identity (obviously, since a 30-year-old in 2017 is also a Millennial) with the idea that they are also a 30-year-old, period. That person will be 50 in 20 years, clearly a different stage of life, but they will still be a Millennial. How do we understand that? It is much more complicated. Just use actual age ranges, just like the cool kids at HBR.

Emoji’s and the pursuit of academic tenure

If you had considered this (although, in truth, who would?) you would have realized that the ever-more-popular emoji would be studied by academics in pursuit of tenure. And of course, that which was coming has now arrived. The researchers say that emojis (the modern version) and emoticons (the originals designed with punctuation symbols) have developed to communicate the appropriate facial expression to go with a string of text. The first reported use occurred in discussion forums in the 1980s (say the researchers) when this emoticon symbol 🙂 was included to communicate the message was meant in fun. Now, up to 92% of the online population uses emojis (the more modern version uses cartoonish emojis like this one 🤗). The researchers use easy to understand language (not) as they communicate the meaning behind emojis:

“They disambiguate the communicative intent behind messages, serve important verbal and nonverbal functions in communication, and can even provide insight into the users personality.”

“Drawing on the method of corpus linguistics, the bountiful occurrence of emojis in real-world online text provides a new means to examine the function of contemporary interactional communication and emotion portrayal.”

We don’t think we’ll be covering much of this work as it evolves but wanted you to be aware it is out there. Frankly, we think it is—how should we say? 💩

And as an example of how emoji research can help you in your real life, the poop emoji was “invented” in Japan and is most widely used in Canada.

Persuasion landmines: When facts fail and your most salient points are the least informative 

After more than 25 years, we still love doing pretrial research but it is still very common to see attorneys chewing peanut M&Ms in frustration while their important facts are dismissed (or ignored) by mock jurors. Here are two articles (both happened to be published in Scientific American just this month) to help you increase the likelihood your story will be heard and remembered accurately. The first article focuses on the reality that pre-existing beliefs will trump your facts when jurors listen to your narrative. The author summarizes the (frightening) research and then offers suggestions (six in all—most of which we’ve blogged about here before!) to try to convince your listeners to consider your information. It is well worth the 5-7 minutes it will take you to read.

The second article, uses the example of noting a person has purple hair to remember Amanda’s name (which means if Amanda changes her hair color, you will be stumped). The point of this article is to help us learn how to categorize important information accurately and not be side-tracked by red herrings like purple hair. The author talks to a researcher who says that if you want to overpower attention-getting facts (like purple hair), your counter-evidence needs to be eye-catching and quickly understandable. Let’s hear it again for the power of visual evidence!

Kaye LK, Malone SA, & Wall HJ (2016). Emojis: Insights, Affordances, and Possibilities for Psychological Science. Trends in Cognitive Sciences PMID: 28108281

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We love Pew Research and their work on cataloguing how society here in the United States changes slowly or quickly (as the case may be) over time. A review of their hard work gives you a sense of what changes are underway in our now constantly changing “new normal”. They have published a lot in 2016 to help us understand how our potential jurors are changing. Take a look at just a few of the sixteen stories they deem “striking” from 2016. We’re telling the Pew story with their own pictures. Go to the site itself to read the details. [The spacing on this post is beyond us so please scroll…thanks!]

Significant demographic changes in America have reshaped our major political parties—our political parties look very different now than they did during the George W. Bush presidency.   

 

And voters are divided on where the country is headed as well as whether that direction is better or worse. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Millennials are now the largest generation of living Americans (bigger than Boomers)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

And more of the Millennials live with their parents than ever seen with young people before (although it should be noted that this trend has been growing for years now and it is not a Millennial “thing”).  

 

 

 

 

 

 

 

Along with generational shifts, we are also seeing increased racial tensions with about four-in-ten blacks (43%) being skeptical that America will ever make the changes needed for blacks to achieve equal rights with whites

 

 

 

 

 

 

 

 

 

 

 

 

And we are wary of what new technologies will mean for our lives.  

 

 

 

 

 

 

 

 

 

 

 

 

The Pew summary of the 16 most striking findings in their surveys published in 2016 is fascinating reading if you want to know (as most of us do) how the country is changing and what that may mean for our potential jurors. There is more division and demographic change than we’ve seen in some time and it will most likely play a significant role in how your case is heard by jurors.

Take a look at Pew’s end of year summary and update yourself on how things stand now on a wide variety of subjects that may be part of your own up coming case narratives.

Images taken from Pew site

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Here’s an update on the stash of tattoo posts we have here. This is a collection of new research on tattoos (to make sure we are up to date) that will undoubtedly help you decide what your individual ink means/will mean, and of course, what it suggests about your jurors, your clients, your kids, and maybe you, too! We’ll start out with the punch line from one of the articles (Galbarczyk & Ziomkiewicz 2017): women do not find tattooed men irresistibly attractive despite what men think about other men with tattoos.

Do women really “dig” tattoos? (Not so much)

Men apparently believe that a man with tattoos is likely to be serious competition for the attention of a woman. Women themselves do not generally see tattooed men as the be all, end all. That (perhaps surprising) conclusion is according to new research out of Poland where 2,584 heterosexual men and women looked at photos of shirtless men. In some of the photographs, the man’s arms were marked with a smaller black symbol (see graphic illustrating post for one of the photo pairs). Men rated these tattooed men higher in terms of what (they thought) women would look for in a long-term partner. Women did not agree and rated the tattooed men as worse candidates for long-term relationships than the men pictured without tattoos. Once again, men don’t seem to understand what women find attractive. The authors wanted to figure out if women or men were more drawn to tattoos on men and they conclude this way: “Our results provide stronger evidence for the second, intrasexual selection mechanism, as the presence of a tattoo affected male viewers’ perceptions of a male subject more intensely than female viewers’ perceptions.”

In other words, when men get tattooed, other men are going to be more impressed than will women. For men who are homophobic, this could be a traumatizing study.

Are tattooed adults more impulsive? (Not really)

There’s been a plethora of research done on whether the personalities of tattooed adults are different from the personalities of adults with no tattoos. And, after multiple grants of academic tenure—the answer is….not really. This study (Swami, et al.), done in Europe, had 1,006 adults, complete psychological measures of how impulsive and prone to boredom they were. About 1/5 of the participants (19.1%) had at least one tattoo but there were no real differences in terms of gender, nationality, education or marital status. There were also no strong differences in either impulsivity or  likelihood of becoming bored—not for those with one tattoo and not for those with more than one tattoo (the highest number among the individual participants was 23 tattoos).

The authors concluded that tattooed adults and non-tattooed adults are more similar than different. (This doesn’t really surprise us as tattoos have become much more normative, although—there is nothing normative about having 23 tattoos.)

So are tattooed women less mentally healthy than non-tattooed women? (Nope)

Women with tattoos have been seen as deviant and anti-social in past research.

If that seems odd to you, know this: When I was in graduate school, there was a widely held view that women with multiple ear piercings as more likely to have personality psychopathology. Multiple piercings were outside the norm of behavior then, and are now, much more common.

So—here’s a study out of Australia (Thompson, 2015) looking at whether that is still the case. This study was completed using an internet survey (710 women) which asked participants to complete the Loyola Generativity Scale. The term generativity comes to us from psychological research and is, very simply, the desire we have (or do not have) to contribute positively to the future. You will often see generativity used to describe the desire to mentor younger people in career or other life areas.

The people who developed the scale describe it this way: “Generativity is a complex psychosocial construct that can be expressed through societal demand, inner desires, conscious concerns, beliefs, commitments, behaviors, and the overall way in which an adult makes narrative sense of his or her life.” (With no offense intended to the scale developers, it is likely easier for you to think of generativity as a desire to positively contribute to future generations.) Essentially, this researcher wanted to see if women with tattoos would have the same level of generativity as women without tattoos.

As in the study of risk-taking and impulsivity that preceded this one, there were no differences between tattooed and non-tattooed women in terms of their level of generativity. What was seen as edgy and counter-cultural 30 years ago is now merely a personal expression and fashion statement.

Finally, can we trust tattooed adults if they have a tattoo with a Christian-theme? (It depends)

This research focused on what they identified as “mixed signals” which they defined as a signal projecting untrustworthiness (in this case, a tattoo) but where the theme or content of the signal suggests trustworthiness (in this case a tattoo of a religious symbol, the cross). Interestingly, this researcher chose to place the tattoos on the neck (either on the side or centered under the chin). While  the third photo may look like a necklace to you, it is actually a tattoo. Some were photos of men or women with cross tattoos, others were men or women with star tattoos, while still others saw men or women with no tattoos.

Participants included 326 people who were shown 26 photographs and asked to rate trustworthiness of the person pictured on a scale from 1 (extremely low trust) to 7 (extremely high trust). Only after they had rated the photos were the participants asked whether they would identify as Christians (58.9% did) and if they had tattoos themselves (31% did). The results here are (ironically) mixed.

Christian participants rated the face without tattoos (which perhaps would have communicated shared values) as more trustworthy than the tattooed faces but they also rated faces with the religious tattoo as being more trustworthy than non-Christians did. Non-Christian participants thought the religious tattoo face less trustworthy and the star tattoo face more trustworthy.

From a litigation advocacy perspective, this series of articles on tattoos and what they mean in the present day to the observer, tells us you cannot rely on knowledge from a few years ago to inform you on what a tattoo means now. It is the same with venires—old knowledge is old knowledge. Do not assume that the venire is the same as it was 5 years ago—or that neck tattoos are always signs of deviance. Update yourself. Jurors will probably feel it and be more open to your message.

Galbarczyk, A., & Ziomkiewicz, A. (2017). Tattooed men: Healthy bad boys and good-looking competitors Personality and Individual Differences, 106, 122-125 DOI: 10.1016/j.paid.2016.10.051

Swami, V., Tran, U., Kuhlmann, T., Stieger, S., Gaughan, H., & Voracek, M. (2016). More similar than different: Tattooed adults are only slightly more impulsive and willing to take risks than Non-tattooed adults Personality and Individual Differences, 88, 40-44 DOI: 10.1016/j.paid.2015.08.054

Thompson, K. (2015). Comparing the psychosocial health of tattooed and non-tattooed women Personality and Individual Differences, 74, 122-126 DOI: 10.1016/j.paid.2014.10.010

Timming, A., & Perrett, D. (2016). Trust and mixed signals: A study of religion, tattoos and cognitive dissonance Personality and Individual Differences, 97, 234-238 DOI: 10.1016/j.paid.2016.03.067

Images from Galbarczyk & Ziomkiewicz  and Timming et al. articles

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It’s a great question just in general in terms of thinking about events that have shaped you as an individual. For us though, it’s a great question because it also speaks to generational differences (a favorite topic of ours!).

As each of us grows up, major events happen and they are called (in generational research speak) “defining moments”. They are seen as shared experiences for generational groups who were all there and experienced the event in varying (but nonetheless) life-altering ways.

So what are your own defining moments? The first moon landing? The Vietnam War? The first great depression? The second great depression? 9/11? The JFK assassination? The MLK assassination? The fall of the Berlin Wall? Stonewall? Woodstock? Watergate? The Challenger explosion? The Enron scandal? The prime mortgage meltdown? The Obama election? The recent presidential election results?

While each of us may have a few that are idiosyncratic or individual—the bulk of our “defining moments” will be those shared with others despite the fact we may never have met those “others” or discussed these events. Recently, Pew Research Center asked Americans for their individual 10 most significant events of their lifetimes.  The answers, as you might expect, reflect views through the lenses of individual respondent’s lifetimes—although 9/11 over-shadows all other events listed. Other events naturally show up on the radar of older people (such as Watergate or the Reagan election) but are not within the lifetime of the younger respondents. Here are the top 10 events listed across all respondents in the Pew survey: 

Those that surprise you are those that were not on your radar (either due to your age or priorities). But—and this is why we admire Pew Research—they do not stop with a simple rank order listing of the important events in the lifetimes of respondents to their survey. They go on to divide us up into various generational groups:

The Silent and Greatest generations remember WWII.

The Boomers remember the assassination of JFK and Vietnam.

Millennials and Gen Xers focus on 9/11 and the election of Obama.

Further, five of the Millennial generation’s Top 10 defining moments do not appear on the Top 10 for any other generation. You will want to read the article to see more on this but we will tell you which five are not on any other generation’s top list (Sandy Hook, the Orlando/Pulse nightclub shootings, the death of Osama bin Laden, the Boston Marathon bombing, and the Great Recession). It is testament to the power of age and developmental phase when it comes to how defining moments are experienced.

Participants were also asked to name the historic event that made them feel proudest of their country and the events that made them most disappointed in their country. While the “I was disappointed in America” responses are more partisan than the others, it is an intriguing list to peruse. Finally, Pew looked at responses by “race and ethnicity, gender, income, education, political party, and region of the country”.

From a litigation advocacy perspective, this is a fascinating example of how differently we see and experience and evaluate major events differently (depending on our phase of life, age, geographic location, and our attitudes, beliefs, and values–and it is required reading for anyone wanting to keep up on attitudes of importance to potential jurors.

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timely-tidbits-logoThink of these as scintillating secrets to selectively drop into casual conversation to stun and beguile your co-workers and acquaintances. Or things we thought interesting but couldn’t work into full blog posts.

Boomers DO NOT have a stronger work ethic than later generations

Despite the popularity of this belief, it is a myth. It has been disproven in study after individual study and now, some researchers took a look at all the actual data (rather than relying on anecdotal information shared repetitiously and inaccurately on the web— largely by aging Boomers) and here it is again (currently open access) from the Journal of Business and Psychology. The article is summarized at Science Daily and here is a quote from the summary:

The analysis found no differences in the work ethic of different generations. These findings support other studies that found no difference in the work ethics of different generations when considering different variables, such as the hours they work or their commitment to family and work. Zabel’s team did however note a higher work ethic in studies that contained the response of employees working in industry rather than of students.

So. Boomers. Just stop it. Millennials and Generation X are no lazier than any other generation and Boomers have no corner on work ethic. Just ask their older (Silent Generation) peers how Boomers were when they first joined the workplace.

Quick and without looking! Which is longer—your ring finger or your index finger?

Apparently most people have fingers the same length but if you do not here’s a quick interpretation for you.

If your index finger is shorter than your ring finger, you are likely better at physical and athletic tasks (but are also more prone to ADHD and Tourette’s).

If your ring finger is shorter than your index finger, you are likely better at verbal memory tasks (but more prone to anxiety and depression).

This is all about how much testosterone you were exposed to in the womb and is probably also not really true about many of us. Read more about finger-length and masculine versus feminine traits and skills over at Science Daily.

Fracking is losing favor—in the UK, support is at an all-time low… 

A few years ago we were hired to work on a fracking case and wanted to educate ourselves on public attitudes toward the practice of fracking. We wrote an article published in The Jury Expert looking at publicly available data. At that time, there was not much available that was not proprietary but what was visible made us not drink the local water on site at the pre-trial research! Four years later, there is a lot of data available (and mock jurors in other pretrial projects we’ve done on fracking-related litigation are often ambivalent).

Apparently, it is the same in the UK. A group at the University of Nottingham has been tracking public attitudes toward fracking since mid-2012. In a recent report of their work, they say support for fracking has fallen to an all-time low at 37.3% and opposition to fracking in the UK now at 41%. Scribd has the full report here.

Beyond dead salmon: What you need to know about fMRI research

We blogged about this issue but now there is an easily accessible and plain language web resource on what top neuroscientists want you to know about fMRI research and we wanted to share it with you. Brian Resnick over at the Vox site shares 7 points you need to know to knowledgeably speak on how fMRIs really work.

Secret rules on language English-speakers all know but don’t realize we know

This went viral a while back and you may have seen it but we both thought it was wonderful. So here it is again. From Mark Forsyth’s book The Elements of Eloquence on why we say Big Bad Wolf and not Bad Big Wolf.

“Adjectives in English absolutely have to be in this order: opinion-size-age-shape-colour-origin-material-purpose Noun. So you can have a lovely little old rectangular green French silver whittling knife. But if you mess with that word order in the slightest you’ll sound like a maniac. It’s an odd thing that every English speaker uses that list, but almost none of us could write it out.”

Zabel, K., Biermeier-Hanson, B., Baltes, B., Early, B., & Shepard, A. (2016). Generational Differences in Work Ethic: Fact or Fiction? Journal of Business and Psychology DOI: 10.1007/s10869-016-9466-5

Currently open access here.

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