Archive for the ‘Voir Dire & Jury Selection’ Category
Earlier this week, we wrote on the question of whether those who have a higher score on the Need for Cognition Scale are just lazy (and the answer was no, not really). If you read this blog regularly, you know that bias is where we work and focus. We also like a curious juror (sometimes) and today we focus on how curiosity can address bias by helping jurors make wiser decisions informed by new data.
You may know the authors of this paper for their work at the Cultural Cognition Project (a collaboration among filmmakers, philosophers and psychologists) and the Cultural Cognition blog—both housed at Yale Law School. We also want to be sure you know the author of the plain language interpretation of this paper—Tom Stafford who operates the MindHacks blog focusing on neuroscience and psychology. Stafford wrote an article (based on this paper) for the BBC Future that is user-friendly and easy to understand for those who want to be sure they would like to dive into the full academic article. Stafford introduces the Cultural Cognition group paper with these disheartening sentences:
…people with the most education, highest mathematical abilities, and the strongest tendencies to be reflective about their beliefs are the most likely to resist information which should contradict their prejudices. This undermines the simplistic assumption that prejudices are the result of too much gut instinct and not enough deep thought. Rather, people who have the facility for deeper thought about an issue can use those cognitive powers to justify what they already believe and find reasons to dismiss apparently contrary evidence.
He sets up the Kahan et al. academic article as containing a possible answer to this maddening reality (and thus piques your curiosity to read the full paper). Or at least it piqued our curiosity. What the researchers wanted was to see if the growing political ideology divide would predict reactions to science information. So they devised a measure of how much scientific information/knowledge individual participants had and then checked to see if their political ideology (conservative versus liberal) would be more important than their pre-existing science knowledge when it came to hot button issues like global warming and fracking.
And it was— most scientifically informed liberals judged issues like global warming and fracking as dangerous to people, while most scientifically informed conservatives think that there were fewer risks.
In other words, political ideology was more important than pre-existing science knowledge and education when it came to views toward polarizing topics such as global warming or fracking.
These researchers though, had also devised a second measure—this one assessing science curiosity. And how they structured the curiosity measure was very creative. They disguised the measure as a general social marketing survey wherein participants were asked to identify their interests in a wide variety of items related to sports, finance, politics, popular entertainment and so on. Ultimately, they had a 12-item scale to measure Science Curiosity. They also allowed participants to express a preference as to whether they preferred to read a science story that would confirm their beliefs or surprise them.
What they found was that participants who scored higher on the curiosity scale were more likely to choose the story that would disconfirm their preexisting beliefs (that is, it would surprise them) and the participants enjoyed that process of surprise.
The researchers conclude their paper as follows:
Together these two forms of evidence paint a picture—a flattering one indeed—of individuals of high science curiosity. On this view, individuals who have an appetite to be surprised by scientific information—who find it pleasurable to discover that the world does not work as they expected—do not turn this feature of their personality off when they engage political information but rather indulge it in that setting as well, exposing themselves more readily to information that defies their expectations about facts on contested issues. The result is that these citizens, unlike their less curious counterparts, react more open mindedly, and respond more uniformly across the political spectrum to the best available evidence.
From a litigation advocacy perspective, if we can identify those potential jurors who are curious and enjoy the surprise of learning new things that potentially disconfirm pre-existing beliefs—we have an increased chance of getting them to listen to case facts and come to a different conclusion than they may have come to before hearing the new information. What we have to do is figure out how to surprise them and we have several blog posts on what happens to our brains when we experience surprise.
You can read more about the development of the initial Science Curiosity Scale at the SSRN website.
Kahn, Landrum, Carpenter, Helft, & Jameson (2016). Science curiosity and political information processing. Advances in Political Psychology.
Full-text of this article is here: http://www.culturalcognition.net/browse-papers/science-curiosity-and-political-information-processing.html
It is yet another installment of things you want to know for voir dire, your personal appearance and choices, and how our country rates on caring for others. Sit back, educate yourself, and return to the fray with tidbits that will heighten your reputation among your co-workers for useful and inspirational pieces of information.
“Need for cognition” sounds good for a juror—right?
Usually we would say the answer to that question all depends on which side of the case you represent. But here is a study that asks if the price of intellectual curiosity is [physical] laziness. Sure enough, they found those low in need for cognition (known in some circles as ‘low information voters’) were more physically active while those high in need for cognition (wanting greater amount of information before making decisions) were less physically active. Fortunately, we really don’t need to worry about this one since what the researchers also found (after more analyses) was that for those high in need for cognition, there was lesser physical activity on weekdays but those physical activity differences [between those low or high in need for cognition] ceased on the weekend. We don’t know for sure, but it seems possible that the study might see effects for blue-collar workers versus white-collar, level of education, et cetera. So, not to worry, those curious jurors are going to be focused and alert mentally even if they sit in uncomfortable jury box chairs all day long Monday through Friday. Truth be told, sitting in those chairs might be what they do all day during the workweek.
Going bald? You may want to think about hair transplants!
So it has been more than four years since we posted about the appeal of the bald head. Heres what we said then:
You’re cute and confident with a full head of hair. You’re not seen as abnormal with thinning hair but not thought of much otherwise. And when you have a shaved head, you are dominant and tall and even more of a leader. The only real downside for men with shorn scalps is that they were perceived as significantly less attractive than men with thick and luxurious hair.
The shaved head (as opposed to the comb-over) meant you stood out and were seen as a leader. Times may have changed. A new study was just published in the JAMA Facial Plastic Surgery journal saying that when 122 adults (between the ages of 18 and 52) looked at 13 separate photos of men pictured side-by-side—all experiencing age-related hair loss but half having had hair transplants—they thought the men with the hair transplants were more attractive. Specifically, the participants in this study thought the men with the hair transplants were not only more attractive, but also younger, more successful and more approachable!
[We would point out, as a public service, that the men with age-related hair loss but no hair transplants did not have shaved heads and so perhaps that is why they were not preferred to the men with transplants. Also, while the first study was published in an academic research journal by psychologists, the second was published in an academic journal by professionals who may have a vested financial interest in increasing the number of hair transplants…].
America is #7 when it comes to empathy
While it may seem like being in the Top 10 in the list of countries in which empathy was measured is a good thing—it puts us behind countries like Peru, Korea, and even Saudi Arabia. Researchers out of Michigan State University compared 63 different countries on empathy and conclude that the US may be becoming less empathic than we once were (as they found in an earlier study of US college students and empathy). Also important to note is that the study did not differentiate between empathy for those in ones own country as compared to those outside your country. Some think that may be part of why so many Middle Eastern countries (with a lengthy history of aggression against each other) rate so high on empathy.
This may be the last chance for Boomers and our elders to get it right!
Uh-oh. Boomers are often blamed for messing up the economy, not respecting the institution of marriage, ignoring our children in pursuit of dual-career marriages, and likely a few more things not mentioned here. However, according to Pew Research Center, this may be the last time Boomers ever dominate the presidential elections. So. If you are a Boomer, please get out and vote and make sure you get it right!!! Unless you want us to also be blamed for sending not just the economy but the entire country down the chute—apparently we won’t be able to blame the Millennial generation for this one.
Chopik, W., OBrien, E., & Konrath, S. (2016). Differences in Empathic Concern and Perspective Taking Across 63 Countries Journal of Cross-Cultural Psychology DOI: 10.1177/0022022116673910
McElroy T, Dickinson DL, Stroh N, & Dickinson CA (2016). The physical sacrifice of thinking: Investigating the relationship between thinking and physical activity in everyday life. Journal of Health Psychology, 21 (8), 1750-7 PMID: 25609406
We like Pew Research here and wanted to bring you two new articles they’ve recently posted that may have relevance for knowing your jurors. It’s been a while since we’ve heard the term “boomerang generation” in regard to Millennials and maybe it’s because they are not planning to go anywhere anytime soon. Yet, if you look at the definition of “boomerang generation” now, it isn’t about moving out and moving back and moving out and moving back again, it’s about staying in place. And Pew has a new article addressing the issue.
Multigenerational households: 2016
According to Pew Research, we now have a “record 60.6 million Americans living in multigenerational households”. That translates to 1 out of every 5 Americans living in a multigenerational household (defined as two or more adult generations or a home that includes grandparents and grandchildren). Further, the trend is growing among nearly all racial groups (whites are less likely to live multigenerationally) as well as Hispanics in the US, among all age groups, and across genders.
While older adults used to be the ones most commonly living in multigenerational households, now it is young people for whom this living arrangement is most common. It is becoming more common for not just two adult generations to live together but even common for three generational groups. Pew thinks this is the result of immigrant families increasing in the country and a more frequent tendency in those cultures to share households. It is interesting to examine the graph (taken from the Pew site). The number has increased but not sharply. It is a gentle upward trend reflecting the changing demographic of America. As the nation changes, so do our housing norms.
Religious affiliations of “none”: 2016
Between 2007 (16% of those surveyed) and 2013 (23% of those surveyed), Pew Research says the number of religiously unaffiliated (aka the “nones”) grew rapidly from 35.6 million Americans to 55.8 million Americans saying they had no religious affiliation. Recently, Pew interviewed religious “nones” to see why they had left the church. Their reasons vary widely and as Pew says, the “nones” are far from monolithic. Here is the largest reason those who were raised in the church say they ended up leaving as adults:
About half of current religious “nones” who were raised in a religion (49%) indicate that a lack of belief led them to move away from religion. This includes many respondents who mention “science” as the reason they do not believe in religious teachings, including one who said “I’m a scientist now, and I don’t believe in miracles.” Others reference “common sense,” “logic” or a “lack of evidence” – or simply say they do not believe in God.
The others may have objections to organized religion, be religiously unsure, or simply inactive due to other obligations. Pew describes the “nones’ as composed of three groups:
They can be broken down into three broad subgroups: self-identified atheists, those who call themselves agnostic and people who describe their religion as “nothing in particular.”
From a litigation advocacy perspective, these findings are important. We need to realize both living arrangements and religious affiliations are changing. Some of this reflects the changing racial and ethnic makeup of the country and some of it reflects changing values and beliefs in our society. Sometimes these changes catch us off guard and other times we just think what we knew “back then” still applies today. Pay attention. Don’t be surprised when your assumptions (based on outdated information) are just wrong.
We’ve written about American attitudes toward interracial marriage a fair amount here and (at least once) questioned poll results suggesting dramatic improvement in attitudes toward interracial marriage among Americans (an 87% approval rating?!). While interracial relationships may be more acceptable to many more Americans, there is also the recent report of an attack on an interracial couple in Washington State. Additional reports about the self-proclaimed white supremacist who stabbed the interracial couple without provocation said if he was released by the police he would attend the Trump rally and “stomp out more of the Black Lives Matter group”.)
Recently, we found an article that reflects some of what we think about the state of race relations and attitudes toward interracial marriages. And, as if in response to the event linked to above (which had not yet happened at the time the article was published), here is how the authors close their paper (after reporting that interracial couples were dehumanized relative to same race couples):
“These findings are meaningful given the negative consequences associated with dehumanization, most notably, antisocial behaviors such as aggression and perpetration of violence”.
The researchers say that they skeptically question the increased approval poll numbers when it comes to comfort with interracial marriage. They also express a general belief that if the poll questions used subtler measures about racial attitudes (rather than asking explicitly how approving the respondent was of interracial marriage)—the results would reflect significantly lower levels of approval for interracial marriage.
They refer to, as an example of attitudes toward interracial marriage, a 2013 Washington Post column by Richard Cohen saying that the interracial family of New York mayor Bill de Blasio must result in a “gag reflex” among conservatives.
The researchers conducted three separate studies (all with undergraduate student participants). We mention the participant pool for two reasons—one, because undergraduate students are perhaps a bit different from jury-eligible citizens, and two, because the Millennial generation is seen as most accepting of interracial marriages (according to Pew Research, Fusion’s Massive Millennial Poll, and CNN) although PBS, Politico and the Washington Post question whether that really means Millennials are overall more racially tolerant. It would seem to us that, if Millennials show evidence of implicit bias against interracial marriage, older generations would likely show even more.
And sure enough, Millennials (the undergraduate participants) did show bias against interracial couples. The implicit measures showed reactions of disgust as well as a tendency to dehumanize the interracial couples compared to same race couples.
The researchers hypothesize there is still a tremendous amount of emotional and under-the-surface bias (aka implicit bias) against interracial couples and, they say, emotional bias (aka disgust) is more predictive of discriminatory behavior than are racially based stereotypes.
The researchers also describe what happens when we dehumanize others—as the participants in these experiments dehumanized the interracial couples. We do fewer nice things and increase our “antisocial behavior” toward dehumanized others. There is less empathy, and more avoidant behavior. We are less likely to help and more likely to use aggression and perpetrate violence against dehumanized targets. We are more accepting of police violence against a black suspect and more accepting of violence against black people in general. We see the dehumanized targets as less evolved and civilized. These statements represent past research findings summarized in the article by the researchers.
The researchers also say that their results indicate the individuals in the interracial couples would likely not be dehumanized if evaluated separately, but there was something about the interracial pairing that elicited both the emotional and dehumanizing responses.
From a litigation advocacy perspective, this is very disturbing and certainly brings to mind our work on when to talk and when to stay quiet about racial bias in court. We are not living in a post-racial society, and basing your case strategy on such a rosy assumption is likely to be hazardous to your client. When race is absent from the relevant facts— but not from extra-evidentiary optics—think carefully about how to proceed. Remember that when the case facts are not salient to the fact your client is in an interracial relationship—that is when the bias is most likely to emerge. It’s a tricky and frustrating situation.
Skinner, A., & Hudac, C. (2017). “Yuck, you disgust me!” Affective bias against interracial couples. Journal of Experimental Social Psychology, 68, 68-77 DOI: 10.1016/j.jesp.2016.05.008
It’s time again for a combination post of things that didn’t make the cut for a full post but that we thought interesting (or odd) enough to want to share with you. We hope you enjoy this latest collection of factoids that will make you memorable when (and if) you re-share them.
Hot, hot, hot: And it isn’t a good thing for good behavior
We’ve written about the negative impact of hot, hot, hot weather before and here’s another story supporting the idea that there is a link between summer heat, bad moods, and poor self-control. When, according to a new study published in the journal Environmental Research, people report they lack energy or feel tired during the heat of the day, they were also more likely to report being stressed and angered. Lest you think this is a small scale study, the study looked at the reactions of 1.9 million Americans. The researchers think that, even if you live in a very warm climate, you are no better at adapting to it than those living in a cooler climate. (This is bad news for those in the southwest.)
However, it looks as though simply looking at pictures of cold weather can help you to improve your self-control. All you need to do is look at cold photos and imagine yourself being there—it will improve your self-control (which is good news for those in the southwest since we sure don’t want to live “there”). Perhaps hot and muggy locales need to post large billboards of icy landscapes and encourage viewers to think about what it would be like to be there rather than in the heat. Hmmm.
And as a helpful aside, the summer of 2016 has been, according to the NASA Earth Observatory, the hottest on record in 136 years! That’s hot! If you’d like to see the graphic illustrating this post in an animated gif form that covers 35 years, look here.
Will you learn more in a physics lecture if your instructor is attractive to you?
Apparently so. This is a research paper that attempted to test information from the popular website RateMyProfessor.com/ which apparently now asks students to “rate the hotness” of their instructor. (As though the tenure process was not difficult enough—now you have to suffer the indignity of how “hot” your students think you may be? Wow.) According to research published in The Journal of General Psychology, physics students who thought their instructor was attractive actually learned more as measured on quizzes following the lectures. The difference was “small but significant”. While you can read the full text of the article here, it was summarized accurately by Christian Jarrett over at BPS Research Digest.
Are pot smokers increasing or are people just responding more honestly to survey questions?
It’s hard to say but Gallup tells us that 13% reported being current marijuana users in an August 2016 survey—and that number is up from just 7% in 2013. The more often you attend church services, the less likely you are to report using marijuana. Further, one in five adults under the age of 30 report current use—and this is at least “double the rate seen among each older age group”. Gallup points out that nine different states are voting on marijuana legalization this fall and legalities could significantly shift. Perhaps Gallup should speak to the Drug Enforcement Association who recently announced marijuana would stay a Schedule 1 drug (like heroin and other drugs with “no medicinal value”).
How often do you check your smartphone?
You will have trouble believing this one! According to a recent survey, the average American checks their smartphone between 150 times a day and in the UK, it’s even higher! . We’ve written a lot here about smartphones and our increasing use and dependence on them—as well as the distractions caused by them while walking, working, and serving on juries. Time Magazine recently published an article on smartphone addiction that is worth reading—it’s eye-opening (which is the first time many of us grab our smartphones—even before we get out of bed).
Who owns your tattoo? The answer is apparently not entirely obvious
A recent article in The Conversation, tells us that while more than 20% of Americans have at least one tattoo (and 40% of Millennials)—your own tattoo could be violating either (or both) copyright and trademark rights and tattoo-related lawsuits are not uncommon. If you have or plan to have a tattoo—you likely want to read this one!
Identifying liberals and conservatives in voir dire (a shortcut when time is tight?)
This is a ridiculous study out of the UK which concludes that the taller one is, the more likely they are conservative. We do not recommend using this in voir dire, but here are a few author quotes:
“If you take two people with nearly identical characteristics – except one is taller than the other – on average the taller person will be more politically conservative,” said Sara Watson, co-author of the study and assistant professor of political science at The Ohio State University.”
How big were these differences? “The researchers found that a one-inch increase in height increased support for the Conservative Party by 0.6 percent and the likelihood of voting for the party by 0.5 percent.”
And there were gender differences—although they were not statistically significant! “The authors discovered that the link between height and political views occurred in both men and women, but was roughly twice as strong for men.”
The article itself was published in the British Journal of Political Science but there seems to be a version of the paper here. We will not use this one as our eyesight is not good enough to tell a 0.6% difference in height when potential jurors are seated.
Noelke, C., McGovern, M., Corsi, D., Jimenez, M., Stern, A., Wing, I., & Berkman, L. (2016). Increasing ambient temperature reduces emotional well-being Environmental Research, 151, 124-129 DOI: 10.1016/j.envres.2016.06.045