You are currently browsing the archives for the Voir Dire & Jury Selection category.

Follow me on Twitter

Blog archive

We Participate In:

You are currently browsing the archives for the Voir Dire & Jury Selection category.

ABA Journal Blawg 100!







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

Login

Archive for the ‘Voir Dire & Jury Selection’ Category

online pornWe can hear the snickers and gasps now–and likely the immediate objection from (probably) the opposing counsel or (unquestionably) the judge. But not always. So why might this be something you want to know? According to new research in the Journal of Sex and Marital Therapy, a distinguishing characteristic of narcissists is that they watch more porn online. That actually makes intuitive sense since narcissists would want to avoid rejection and objectify others as sexual objects. We are not sure how you would get this sort of question in though–unless the case actually involved online pornography.

More interesting to us (by far) was the information on the frequency of porn viewing online. For the study, researchers asked 257 participants (aged 18-61 years with an average age of 29 years, 63% female, 89.1% heterosexual, 70% White, 12.1% Hispanic, 7.4% Black, and 10.5% Other) to complete measures of narcissism (using the Narcissistic Personality Inventory, the Pathological Narcissism Inventory, and the Index of Sexual Narcissism) and report on the specifics of their internet pornography viewing (they were asked if they had ever viewed, and if they currently viewed internet porn as well as how many minutes per week they viewed internet pornography).

79% reported they had viewed internet porn.

44% reported currently (recently) viewing internet porn.

Current viewers, on average, viewed internet porn 85 minutes per week (or about an hour and a half).

Men spend more time on internet porn (an average of 3 hours per week) than do women (an average of about 1/2 an hour per week).

There was a significant difference in level of narcissism between those (79%) who had ever viewed internet porn and the 21% who had never viewed internet porn.

The researchers comment the sample of those who had viewed porn (the 79%) was skewed by gender since 96% of men reported they had viewed internet porn. Nonetheless, the 4% of men who had not viewed internet porn was lower in narcissism than the 96% who had. As for women, 68% of women had seen internet porn and again, those who had not scored lower in narcissism than women who had seen porn on the internet.

There was also a difference in level of narcissism between those who currently use internet porn for all measures of narcissism. Current users of internet porn (67% of men and 30% of women) were higher in narcissism than were non-current users.

Finally, as the frequency of internet porn use increased, so did the levels of measured narcissism.

What the researchers say is that there is a relationship between “internet pornography use, narcissistic behavior and psychological harm” to the viewer. They believe that using internet porn “inflates an individual’s narcissism (i.e., selfishness, isolation, and entitlement)”. For the researchers, this work focused on narcissism and how it harms relationships.

While we don’t recommend using this as a method for spotting narcissists (the study falls far short of suggesting that), there are clearly cases (copyright cases, sexual violence cases, premises liability cases, and various wrinkles in family law, to name a few) where attorneys and jurors need to be comfortable talking about salacious topics such as this. From a litigation advocacy perspective, this research validates being able to ask about sex and pornography in court* with a reduced fear of offending jurors.

The asterisk is that you need to tell them that virtually all men and over ⅔ of women have watched pornography on the internet. Otherwise, many will feel embarrassment and anxiety. You can normalize by pointing out the truth. When more than 3/4 of a group of 250+ have viewed internet porn, it takes much of the fear of stepping on juror sensibilities away. In fact, you could even say you’ve seen studies saying almost 80% of adults have viewed internet porn at some point in their lives.

There are many times we think the themes in our case are sure to alienate the triers of facts. What we’ve learned in our pretrial research is that when you matter of factly explain the issues, without giggling, blushing, or perspiring, jurors are willing to join you in an adult discussion of case facts.

We’ve also seen glib puns, one-liners, and shared glances with disbelieving grins shared among our mock jurors but they have always been able to quickly redirect their attention when their humor was acknowledged and a focus drawn back to the issues at hand.

Kasper TE, Short MB, & Milam AC (2014). Narcissism and Internet Pornography Use. Journal of Sex & Marital Therapy, 1-6 PMID: 24918657

Image

Share
Comments Off

ISO LibertariansBack in 2010 we blogged on a survey of more than 150,000 Libertarians. We now have an update on Libertarians in America courtesy of the Public Religion Research Institute! Unlike the original survey, this one was based on a random sample of 2,317 American adults (from people who are part of GfK’s Knowledge Panel). Interviews were conducted online in both English and Spanish between September 21, 2013 and October 3, 2013. The results offer multiple tidbits potentially useful in voir dire (or simply for expanding your knowledge of Libertarians in America). The full text of their study is accessible online, but here are a few of the findings we found interesting.

Only 7% of Americans are consistent Libertarians although an additional 15% lean Libertarian.

Libertarians are nearly all non-Hispanic Whites (94%), male (68%), and under age 50 (62%).

Political affiliation skews more Republican (45%) than Democratic (5%) although (as we’ve pointed out in other posts on how the country is changing) half (50%) say they are either unaffiliated, politically independent, or belong to a third party.

Tea Partiers? A substantial portion are, but not entirely. 39% of Libertarians identify as part of the Tea Party movement but 61% do not. Libertarians are about 26% of the Tea Party movement while the majority of Tea Partiers (52%) describe themselves as part of the religious right and 35% say they are white evangelical Protestants.

Libertarians are more likely to pay attention to what is going on in government or politics than the average American. Only 38% of Americans say they pay attention to politics and government “most of the time or always”. Among Libertarians, the majority (56%) endorse this response option.

Libertarians are more strongly opposed than most to raising the minimum wage, Obamacare, and increasing environmental protections (all issues reflecting government involvement in economic policy).

The libertarian profile on social issues diverges from their conservative economic outlook: 57% of Libertarians support abortion rights, 70% support MD-assisted euthanasia, and 71% favor legalizing marijuana. Oddly, considering these liberal views on social issues–a majority of libertarians (59%) oppose same-sex marriage.

Libertarians have more positive feelings toward atheists (46%) than either Tea Party members (33%) or white evangelical Protestants (25%). They are also more positively disposed toward gay and lesbian peoples (49%) than are members of the Tea Party (44%) or white evangelical Protestants (38%).

Nearly 2/3 of Americans (65%) support making pornography more difficult to access on the internet. However, among Libertarians, only 31% favor making pornography more difficult to access while 68% oppose this movement.

This study offers a close-up view of those Americans who consistently respond to questions in a pattern the authors identify as Libertarian. Their responses, according to this report, are much more consistent than those who call themselves Libertarians but are not really identifiable as such based on their responses to a scale measuring political orientation. (We will write about this scale, the Libertarian Orientation Scale, in our next post.)

It isn’t at all clear whether there is a consistent notion of “I am Libertarian”, and whether those jurors and mock jurors we follow carefully are comparable to those in this study. Stay tuned to a post we have scheduled for Wednesday of this week, and we will let you know how to determine whether a person fits the definition of Libertarian used by researchers. And we will continue to observe and track the reactions of our mock jurors who say they are Libertarian and see how their responses relate to their eventual verdict.

Jones, RP Cox, D Navarro-Rivera, J 2013 The 2013 American Values Survey: In Search of Libertarians in America. Public Religion Research Institute.

Image

Share
Comments Off

american marital statusWe’ve known for a while that the proportion of American adults who are married is decreasing but in mid-September, 2014 there was a flurry of media coverage over economist Edward Yardeni’s report (titled “Selfies”) that the majority of Americans are now unmarried (he calls that “remarkable”) and believes they are driving economic changes. Unfortunately, his report is behind a paywall and we cannot access it but thanks to Bloomberg, we know some of what he had to say (and much of it appears to be drawn from publicly accessible statistics from the US Census Bureau).

In short, in 1976, 37% of Americans were single and now, in 2014, more than half of Americans are single. Yardeni thinks this changing demographic will result in fewer of us having children and in fewer of us owning homes.

The numbers support his conclusion: Young singles, in particular, are more likely to rent than own.

Never-married singles are less likely to have children and (now divorced and single) older adults are unlikely to have young kids. Yardeni thinks this will have an effect on how much money they spend and what they buy since they have fewer expenses than married people with children.

The percentage of never-married singles in 1976 was 22.1% and now it is 30.4%. (The proportion that are single by divorce, separation, or death of a spouse increased to 19.8% from the 1976 level of 15.3%).

It’s an intriguing set of information, but it is hardly news. In the past ten years, just as we’ve watched political affiliations of our mock jurors shift dramatically, we’ve also been watching the marital status of our jurors shift. While we used to consistently have a majority of jurors report they were married, now we often have a majority who are either never married or have been married previously but are no longer married. It’s another short-hand that has changed for us.

We used to think of our married mock jurors as “connected” to others. Now, we look for other signs of connectedness. Are they in a relationship? Are they involved in community groups or activities? Do they volunteer?

Just as union membership (in many areas of the country) has declined as a short-hand way to assess politics and SES, we can no longer rely on political affiliation or marital status to use as short-cuts to categorize our mock jurors. It is sometimes frustrating as we struggle to understand research results but it is also reassuring to see that change happens and to know that eventually we will wrap our brains around it and have a new short-cut defined–just in time for a new shift to occur.

Image

Share
Comments Off

spiral of silenceWe’ve blogged a fair amount on the impact of the internet and social networking on jurors but here is something unexpected. People that engage in social media are less likely to discuss heated topics in the news, not more likely. This is according to a recent Pew Research report.

Back in 1974, Noelle-Neumann described the “spiral of silence” which basically describes a tendency to not speak up when we perceive our own beliefs and opinions to be in the minority. With the advent of intense social media involvement, researchers had hoped there would be more willingness to engage in discussion that truly reflected a variety of beliefs and values. Alas, it is not so.

The new report on the Pew website essentially says the relative anonymity afforded by the internet doesn’t make us (or at least most of us) brave enough to stand up for what we believe. It’s a sad commentary and what it seems to say is the “new transparency” of social media is just another public facade people who hold minority opinions feel they must maintain. Perhaps it is due to FoMO–another recent blog post of ours.

Regardless, here is some of what the Pew report finds in data collected from 1,801 adults between August 7th and September 16th, 2013–using the example of the Edward Snowden-NSA story. As background, the Snowden story was chosen since previous Pew surveys found the public was split on this story: 44% said the release of classified information harms the public interest and 49% said it serves the public interest. Of the 1,801 adults surveyed, 80% of the adults in this survey were internet users. 71% were Facebook users and (only) 18% of them were Twitter users.

While 86% were willing to have an in-person conversation about the Snowden-NSA story, only 42% of Facebook and Twitter users said they were willing to post about it online. The researchers believe social media users are particularly attuned to the opinions of those around them and are thus less willing to disagree with them.

Even when holding other factors (like age, gender, education, race, and marital status) constant, social media users are less likely to say they would join in (even in person) than non-social media users of the internet. Facebook users are only half as willing to discuss the Snowden-NSA story at a physical public meeting as a non-Facebook user. Twitter users are less likely to be willing to share their opinions in the workplace than internet users who do not use Twitter.

Social media users who think their social media friends and followers disagree with them on the Snowden-NSA issue were “more likely to self-censor their views on the story in both social media and in face-to-face encounters”.

In both face-to-face and online environments, people were more willing to openly express their views if they thought others agreed with them. 86% said they were “very” or “somewhat” willing to have a conversation about the story in at least one face-to-face setting, but only 42% of Facebook and Twitter users would discuss the story on social media.

The Pew Foundation graphic illustrates this clearly:

Pew spiral blog insert

 

From a litigation advocacy perspective, the chilling effect of social media involvement on one’s willingness to state a differing opinion is of great concern. We have always taken the lone naysayer in pretrial research seriously and expressed appreciation for their courage in speaking up in disagreement. This survey highlights the need to establish a friendly and receptive juror-centric tone (rather than one of client advocacy and confrontation) in voir dire. And it is yet another reason to teach jurors in actual trials how to deliberate and to make clear for them the importance of allowing disagreement and the expression of differing opinions.

One day perhaps we will all feel able to express what we believe to others. Social media, contrary to the expectations of many, has not changed the desire to not make waves and to self-censor opinions we believe will be unpopular.

We have all seen the evidence of what are commonly known as “trolls” on comment pages for various news sites and high-traffic. These people are not those identified by this Pew Report and we’ve covered a research study that helped us to understand those who actually comment on major news sites are probably not people we want as jurors!

KEITH HAMPTON, LEE RAINIE, WEIXU LU, MARIA DWYER, INYOUNG SHIN, AND KRISTEN PURCELL (2014). Social Media and the ‘Spiral of Silence’. Pew Research Internet Project.

Image

Share
Comments Off

“Smart people ask for (my) advice!”

Monday, September 15, 2014
posted by Douglas Keene

smart people ask for adviceWe are often wary of asking for advice for fear of looking dumb or appearing incompetent. Oddly enough, our fears may be unfounded based on some new research out of Harvard Business School. According to the researchers, asking for advice does not make you appear either dumb or incompetent. Instead, asking for advice makes you seem more capable.

While initially this may seem unlikely, think about how much people love to give advice. When someone is asked for advice, they experience a boost in self-confidence, which, say the researchers, in turn enhances their opinion of the person seeking advice. It is, in truth, a win-win situation. The person asking for advice gets some feedback and they are seen as more competent while the person being asked for advice feels better about themselves (and about the person asking for advice).

The researchers (we’ve covered some of their earlier work here) conducted 5 separate experiments and here is what they found:

Asking for advice actually increases other’s perceptions of your competence.

When the task is difficult, asking for advice causes the person seeking advice to appear more competent than when the task is not difficult. However, even when the task is easy, seeking advice did not lower perceptions of the person’s competence!

When someone is asked for their specific advice, they see the asker as more competent. However, if they see the person asking someone else for advice, they do not see the advice seeker as more competent. The researchers believe there is a “direct flattery” component involved here since “being asked for advice caused advisors to feel more self-confident, and, in turn, to view the advice seeker more positively”.

Finally, the advice-giver needs to believe themselves competent and experienced in the area in which they are asked for advice. [Of course, a lot of people have an inflated sense of the scope of their qualifications…] If the advice seeker asks for guidance in an area of the advisor’s expertise, the advisor sees the seeker as more competent. However, if the advisor is obviously not experienced in the area, “then the advice seeker seems less competent than if s/he had not asked for advice” at all.

The researchers say our fears about appearing incompetent by asking for advice are unfounded and that, in truth, there are benefits to both being the advice-seeker and being the advisor. They believe that organizations benefit from encouraging advice-seeking as it will help spread useful information and improve relationships between colleagues and co-workers. The dilemma is that if you educate your employees on the advantages of advice-seeking to both the advice-seeker and the advice-giver–you run the risk of the advice-giver feeling manipulated and the advice-seeker wanting to “not be that guy/gal”. The authors do not offer advice to the manager looking for ways to build this dynamic into their office culture–they simply say it would be a positive and productive thing. (See the full text of the paper here.)

This explains why one of our favorite strategies for both debriefing mock jurors and conducting voir dire are so productive. At mock trials and focus groups, I introduce the process by sharing with the mock jurors my hope that through their collective wisdom we can tell the disputing parties and their lawyers what ‘real people’ think about the issues, and guide a resolution that doesn’t require a trial. It elevates them from being there for a couple hundred dollars to being there to solve a problem. They really like it. At trial, asking the venire questions framed in terms of “help me understand” and “Is that important to you?” makes them feel that you are seeking their perspective, not quizzing them or boxing them in. It credits them with having a contribution to make, that they are smart enough to have a valid opinion, and that you recognize the validity of their point of view. It’s not about you or your client at that point, it’s about the jurors. And that can’t hurt.

Brooks, AW, Gino, F, & Schweitzer, ME (2014). Smart people ask for (my) advice: Seeking advice boosts perceptions of competence. Harvard Business School Working Papers

Image

Share
Comments Off