You are currently browsing the archives for the Self Presentation category.

Follow me on Twitter

Blog archive

We Participate In:

You are currently browsing the archives for the Self Presentation category.

ABA Journal Blawg 100!

Subscribe to The Jury Room via Email

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Login

Archive for the ‘Self Presentation’ Category


As Editor of The Jury Expert since 2008, I’m happy to share the table of contents of our new Winter 2016 issue! As always, The Jury Expert is brought to you free of charge by the excellent trial consultants who write for us and by the academic researchers who take their time to summarize their research and share it so we can use it in our day-to-day work for litigation advocacy.

Trial Consultants, TV Law, and a Load of Bull

Richard Gabriel takes a close look at the new television show ‘Bull’ and muses about how the show does and does not represent reality as well as how it may affect perceptions of the justice system by potential jurors (who do watch TV).

What Television Can Teach Us about Trial Narrative

Stepping back, Richard Gabriel teaches us how television shows (like ‘Bull’ but certainly not limited to ‘Bull’) can help us craft more effective courtroom narratives.

Juries, Witnesses, and Persuasion: A Brief Overview of the Science of Persuasion and Its Applications for Expert Witness Testimony

Rebecca Valez, Tess M.S. Neal, and Margaret Bull Kovera team up to offer a primer on persuasion. What modes of persuasion will work best in the testimony of your expert witness? Then we have trial consultant responses from Jennifer Cox and Stan Brodsky, John Gilleland, and Elaine Lewis and a final reply from the authors.

Graphics Double Comprehension

Jason Barnes succinctly tells us how graphics can result in your words telling a much more effective story–even doubling comprehension of the listener.

Making It Moral: How Morality Can Harden Attitudes and Make Them More Influential

Andrew Luttrell offers this intriguing strategy (based on his research) to make attitudes stronger and more influential. Trial consultants Sonia Chopra and Charli Morris react to his work with commentary on how they would use this research in day-to-day litigation advocacy.

The Hidden Lives of Court Reporters

They are always present and always silent. But what is going on in the minds of those dutiful court reporters as they type everything said in cases ranging from the mundane to the traumatizing? Claire E. Moore, Stanley L. Brodsky, and David Sams talk to court reporters and share their perspectives and coping strategies.

More Techniques for Uncovering Juror Bias before It’s Too Late

Mykol Hamilton and Kate Zephyrhawke share how to uncover bias in change of venue surveys in criminal cases by using alternate wording for time-honored questions that result in very different answers (and higher bias).

Image is The Jury Expert logo

Share
Comments Off on The Winter 2016 issue of The Jury Expert has published! 

Last week the Shark Tank television show was apparently shown during a time my DVR was trying to record another show for me. As I watched it, I was amused to see a couple of entrepreneurs whispering to each other to do “power poses” before they pitched to the shark-investors.

I was amused, because I’d just read the Chronicle of Higher Education’s article on new research that was unable to replicate the benefits of power posing in terms of performance. The idea (which we’ve blogged about here in the past) catapulted Amy Cuddy to the second most watched TED Talk of all time (almost 38M views at this writing) has become so mainstream her work is even cited in this webpage on doing the most perfect Shark Tank presentation!

The Chronicle article is hard on her ideas and refers to the power pose as imminently “clickable” and seems to deride Cuddy for being an “Ivy League professor” . They go on to say that while Cuddy personally became a celebrity (calling power posing a “free, low-tech, life hack”), the actual research article was crumbling with other teams failing to replicate the finding that power poses lead to hormonal changes. Even her co-author (Dana Carney) said (in a fairly unprecedented move) that she didn’t think the research effects were real—not just once, but at least twice—both on her personal website and in a story broadcast on NPR.

Bartlett, the Chronicle writer, says this story is a sign of how research used to be practiced (referencing the failures to replicate many of social psychology’s most popular findings) and perhaps a sign of how things are changing for the better (with Dana Carney’s disavowal of the results).

As you might expect, Amy Cuddy has responded to criticisms and expressed “concern about the tenor” of the discussion and that the criticisms could have a “chilling effect on science”. Some other well-known psychologists have agreed with her (questioning whether the criticism would be as vicious if Cuddy were a male researcher) and other well-known psychologists have stood with her detractors. Even officials at TED have added the following disclaimer (displayed in bold font) to the video description on their site:

Body language affects how others see us, but it may also change how we see ourselves. Social psychologist Amy Cuddy shows how “power posing” — standing in a posture of confidence, even when we don’t feel confident — can affect testosterone and cortisol levels in the brain, and might even have an impact on our chances for success. (Note: Some of the findings presented in this talk have been referenced in an ongoing debate among social scientists about robustness and reproducibility. Read Amy Cuddy’s response under “Learn more” below.)

It is a dilemma for blogs like this who follow emerging research in social psychology. But, know this: there was research, there was a peer-reviewed and approved paper published, and there is an ongoing controversy that has apparently gotten both personal and nasty.

Yet, as the Chronicle article points out, “power posing gains enthusiastic new adherents every day. [snip] Some people do find it inspiring. Besides, we are not talking about a cure for cancer here. Why does it matter if people stand like Wonder Woman in front of the mirror for two minutes every morning? Really, what is the harm?” [Here’s a video of surgeons using the pose prior to doing brain surgery on the Grey’s Anatomy television show.]

Bartlett, T. (2016). Power Poser: When big ideas go bad. Chronicle of Higher Education. (December 4)

Image

Share
Comments Off on Power poses: It was such a nice idea but it  cannot be replicated (so far)

You have probably been fooled a few times as well. Facebook friends post their scores on various silly quizzes and sometimes you go take that test as well. It’s just silly fun and means nothing, right?

Wrong. Apparently, Cambridge Analytica has been using Facebook quizzes to create “a tool to build psychological profiles that represent some 230 million Americans”. They sell this data for a price—but only to Republican candidates and our new President-elect benefitted from their insights on winning the 2016 electoral college vote.

So how are they doing it? We don’t know for sure but it appears they are combining publicly available information on you with your Facebook ‘likes’ and your responses on Facebook’s innocent little quizzes to predict how you will respond to various political messages. They have used a variation on the Big Five trait theory (called OCEAN) often used in psychology research to figure out who you are and what seems to motivate you. They claim to have 3,000 to 5,000 data points on each individual they profile.

Here is how Cambridge Analytica describes what they do:

“We use the established scientific OCEAN scale of personality traits to understand what people care about, why they behave the way they do, and what really drives their decision-making.”

Their website offers to let you take the OCEAN (which measures your Openness, Conscientiousness, Extraversion, Agreeableness and Neuroticism) test to see how you score. We would really not recommend that you do this…unless you want to just give them what tattered scraps remain of your privacy.

And here is how the New York Times describes Cambridge Analytica:

“A spinoff of a British consulting company and sometime-defense contractor known for its counterterrorism “psy ops” work in Afghanistan, the firm does so by seeding the social network with personality quizzes. Respondents — by now hundreds of thousands of us, mostly female and mostly young but enough male and older for the firm to make inferences about others with similar behaviors and demographics — get a free look at their Ocean scores. Cambridge Analytica also gets a look at their scores and, thanks to Facebook, gains access to their profiles and real names.” [snip…]

“In the age of Facebook, it has become far easier for campaigners or marketers to combine our online personas with our offline selves, a process that was once controversial but is now so commonplace that there’s a term for it, “onboarding.” Cambridge Analytica says it has as many as 3,000 to 5,000 data points on each of us, be it voting histories or full-spectrum demographics — age, income, debt, hobbies, criminal histories, purchase histories, religious leanings, health concerns, gun ownership, car ownership, homeownership — from consumer-data giants.”

You may be interested in knowing that Cambridge Analytica worked for the “Leave” side in the UKs Brexit campaign. The NYT article is frightening in the detail it offers on how individual Facebook users were targeted with different messages based on what would be most persuasive given their psychological profiles. The newspaper story refers to this process as “weaponizing Facebook” and this does not seem an exaggeration. Even more disturbing is the intimation that they don’t even need all those Facebook quizzes to know enough about you to do a psychological profile. Freedom of information laws in the US give them lots and lots and lots of private information about you.

So, next time your brother’s spouse’s sister-in-law posts the results from her quiz on introversion versus extraversion, think about how the information is going to be used to manipulate your decisions and even your private voting decisions and maybe, take a little swing at the data brokers—and just say No.

Image

Share
Comments Off on Well, Facebook fooled us with this one: There really is no online privacy

trustworthy-or-notIf you try to identify what it is that makes someone trustworthy, you might list their forthrightness, values consistent with your own, or even their willingness to embrace unpopular positions. And that is all well and good but it likely is untrue. Instead, researchers tell us, we draw “relatively stable trustworthinesss impressions from facial appearance”.

Apparently, based on the photo illustrating this post (taken from the research article) we define trust as having less prominent eyebrows and jawlines, softer lips and slightly narrower noses. Overall, a softer appearance. The more “trustworthy” photos in the left column look younger, with less prominent brows and generally more traditionally feminine than the “untrustworthy” photos in the right column. But this is merely how they strike us— we should point out the researchers described the more trustworthy faces as neutral, neither masculine nor feminine.

In this research, participants were asked to imagine they were moving to a new area and had asked real estate brokers to find a home for them. To add to the realism of the task, the participant’s only clues as to the skill of the realtor were these photos and typed statements ostensibly made by each realtor in describing the home they had identified for the participants (sensible factors for how we ourselves would choose a realtor for a cross-country move). After seeing the photos and statements, the participants were asked to respond to how willing they would be to pick the house this realtor recommended and then how trustworthy the realtor seemed to them.

Across four different experiments (and more than 400 undergraduate student-participants), the researchers found that participants spontaneously presumed trustworthinesss from facial appearance alone.

While we have blogged on this idea before, it has been in the context of not trusting men with wide faces (which is simply based on higher testosterone levels). This research is not from evolutionary psychologists but we can see the “untrustworthy” faces in the right column of the graphic illustrating this post are clearly wider. While today’s researchers say facial trustworthiness may have “pervasive consequences in everyday life” we would say you always want to assess if a witness or party would look more trustworthy with a few appearance tweaks.

We already pay attention to attire and accessories but we’ve also written about things like covering tattoos or even something as seemingly unnecessary as telling a witness to not place their fist in their mouth when testifying. And speaking of those “pervasive consequences in everyday life”, recent studies have shown us that men with wide faces are more likely to receive the death sentence (even when the conviction is later found to be wrongful).

While it may seem ridiculous to consider shaping a witness or party’s eyebrows or considering makeup techniques or glasses to make deep-set eyes appear more wide-set—it is also ridiculous to infer trustworthiness based on appearance alone. But we do it all the time. Just add this as “one more thing” to consider in preparing your witness or party for the courtroom.

Klapper, A., Dotsch, R., van Rooij, I., & Wigboldus, D. (2016). Do we spontaneously form stable trustworthiness impressions from facial appearance? Journal of Personality and Social Psychology, 111 (5), 655-664 DOI: 10.1037/pspa0000062

Image taken from the article itself (the researchers used software to morph the faces)

Share
Comments Off on Should I trust you? Let me see your face… 

timely-tidbits-logoYou are not seeing double. Over the last month we’ve kept reading and reading and reading but many of the articles we read for the blog were fun but just not substantive enough for a full blog post. So. Think of this as the director’s cut version of the blog—full of things you wish we’d blogged on but that are included here for your pleasure and edification.

Women just need to ask for a raise, right? It is 2016, after all!

It is 2016. And yet, managers treat some women differently than they treat men who ask for raises. Women do ask for raises. They just don’t get them—according to a new study summarized over at Pacific Standard Magazine and looking at Australian salaries in 2013–14. The large survey—it features responses from 4,600 workers at 840 workplaces, just over half of them female — asks specific questions about pay raises, of both the requested and granted variety.

Women are 25% less likely than men to receive the raises they request and there is no evidence women do not ask because they are afraid their relationship with their manager will be compromised. It is not that women need to be more assertive. We will leave it to you to think of what this really represents.

Keep yourself from designing in discrimination

Remember that Snapchat filter that got pulled because users said it was racist and mimicked a ‘yellowface’ caricature of an Asian face? Snapchat said it meant to evoke anime characters and removed the filter within hours of uploading it due to negative feedback. Lena Groeger (also writing at PacificStandard) says this is what happens when you don’t have a diverse team working on your products and services—it makes you blind to design decisions that are hurtful or discriminatory to your customers. This is a thought-provoking and easy-to-read article on how we make choices that bring indignity and discomfort to others.

More hairy information

We’ve written about beards, baldness, lumbersexuals, and more on hair that we’ve likely forgotten—but we cannot avoid this study (and we know you would not want us to miss pointing you toward it). Women (says a new study and since it is research it must not be wrong) prefer men with beards when they are looking for long-term relationships. The researchers showed women pictures of men who were either: clean-shaven, had light stubble, heavy stubble, or full beards. Stubble was rated most attractive overall but only for short-term relationships. Full beards were the most attractive when considering longer relationships. The researchers say this is likely because hirsuteness in the form of a full beard “is a signal of formidability among males and the potential to provide direct benefits, such as enhanced fertility and survival, to females”.

Oh man. They were doing so well. Then they gave themselves away as evolutionary psychologists. Admittedly, this blog has a long-standing tradition of poking those psychologists. Sometimes they hit on stereotypes we all apply (like in the “wide-faced men are thugs” research on how we stereotype by appearance) but more often they do ridiculous things like saying men are attracted to women shaped like Barbie dolls and other things our readers just know are totally untrue. For a rundown of the posts we’ve done on the work of evolutionary psychologists see this—and don’t count on the accuracy of women choosing bearded men for their virility and survival skills.

Helpfulness is just exhausting

We’re here to tell you. Being helpful to others is just very tiring. But don’t take our word for it—new research agrees. People who are helpful (on a daily basis) in the workplace are less productive and get burned out. The authors (one of whom summarized their work at Harvard Business Review) offer take-aways for both helpers and help-seekers. We think their recommendations are also useful for managers and human resource personnel as they are concrete, practical, and easy to implement.

Lanaj K, Johnson RE, & Wang M (2016). When lending a hand depletes the will: The daily costs and benefits of helping. The Journal of Applied Psychology, 101 (8), 1097-110 PMID: 27149605

Dixson BJ, Sulikowski D, Gouda-Vossos A, Rantala MJ, & Brooks RC (2016). The masculinity paradox: facial masculinity and beardedness interact to determine women’s ratings of men’s facial attractiveness. Journal of Evolutionary Biology, 29 (11), 2311-2320 PMID: 27488414

Image

Share
Comments Off on Beards, designing in discrimination, assertion for women, and the exhausting process of helping