Archive for the ‘Witness Preparation’ Category
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
While those of you who have worked with (or lived with) functional psychopaths before may want to scream “Danger, Will Robinson!” — an international group of researchers (studying German research participants) have identified a “good psychopath” and a “bad psychopath” (when it comes to employment) and they even suggest a scale measuring sub-clinical forms of psychopathy (and earnestly tell the reader this will get around that pesky US ADA restriction against measuring psychopathy on “clinical” scales in an employment setting). They take issue with even the label psychopathy as it loosely means “disease of the soul”. We can quibble about terminology, but their results highlight factors to consider when hiring anyone.
Here’s a brief look at how they came to their conclusions and recommendations for hiring people, some of whom are likely to fall on the troubling end of a psychopathology continuum. First, they explain the differences between primary and secondary psychopathy.
Primary psychopathy, according to the researchers, is characterized by “fearless dominance” (which they describe as wanting to get your own way no matter what the consequences of your actions). Their traits, say the researchers, include “an egotistical personal style characterized by self-promotion and prioritization of one’s own needs before those of others”. Yet, primary psychopaths, they say, are often described by coworkers as helpful, cooperative and pleasant if and only if, the psychopath also had good social skills that were present in the workplace (and those social skills helped them keep their arrogance , egocentrism, and prioritization of own needs and wants over those of others at bay). Or, we imagine, as long as their views are supported by others.
Secondary psychopathy, according to the researchers, is characterized by “self-centered impulsivity”. These psychopaths, according to the researchers, lack an inner braking system and thus have no self-control—they also have no consideration for others. Their traits, say the researchers, include “behavioral impulsivity characterized by disregard for rules and responsibilities”, thrill-seeking, and blaming others for their misfortunes. Consistent with this trait description of secondary psychopaths, coworkers often characterize the secondary psychopath as destructive, not helpful to others, and weak in terms of work performance when it comes to self-disciplined behaviors such as working hard, following workplace rules, taking initiative, being considerate and cooperative, or helping others with their tasks.
By definitions embraced elsewhere, Primary psychopathy might be considered more narcissistic, while the lack of control and the heartlessness of Secondary psychopathy is more aligned with the traditional view of psychopathy.
The researchers think our tendency is to assume that all psychopaths have “the malevolent, exploitive, agentic, and callous personality traits” characterizing heinous criminal offenders. However, they say, that description is only relevant for the “clinical psychopaths” which comprise only about 1% of the entire population of psychopaths. Psychopathy, like other human traits, lies on a continuum and the researchers believe that about 10% of individuals with psychopathic traits have “subclinical” levels of psychopathy. (They do not indicate what this means about the remaining 90% of people in the pool of psychopaths—although they do conclude they do not consider “cold-heartedness” in their model since it was not statistically related to what they we’re trying to measure.)
The issue with employment, the researchers say, is not whether you have multiple (sub-clinical) psychopathic tendencies—but rather, how well your particular form of psychopathy fits with your job description (as well as, naturally, your level of social skill). They opine in their 30+ page paper that primary psychopaths can “be selfless heroes in everyday life, such as life-savers, emergency physicians, or fire-fighters” and think we should differentiate more carefully in the large class of psychopaths—both primary and secondary types.
Again, the paper has to be read with a willingness to accept their use of the term “Primary Psychopath”, which by its definition is a milder form.
The researchers used a measure of psychopathy that is able to “detect relatively mild levels of psychopathy traits in non forensic samples (the Psychopathic Personality Inventory—Revised, we’ll blog about this scale in our next post) and they mention the scale is useful for workplace settings since it measures subclinical psychopathy. (We should perhaps mention the scale has 150+ questions on it and some of them are quite odd—but more on that in our next post.)
Overall, say the researchers, the primary psychopath with good interpersonal skills is a good bet for the workplace but if they do not have good interpersonal skills, they will likely be as destructive as the secondary psychopath for workplace productivity and morale.
From a law office management perspective, we really would not recommend this sort of strategy. What they seem to intimate is that you want to find the 10% of the psychopathic population who have moderate psychopathic tendencies and then, divide them into primary and secondary psychopaths and then, figure out which of the primary psychopaths have really good social skills so their behaviors will not wreak havoc in your workplace.
Putting on our duly licensed Psychologist hats for a moment, the distinction seems to be a very slippery slope. Secondary psychopaths are trouble from the beginning. Primary psychopaths have better social skills so they can manage the day to day more successfully, but under stress they are going to create havoc, too. And we have never seen a trial team that isn’t under terrific stress. It is the nature of litigation, and stress tolerances need to be higher than average, not a potential area of weakness.
The authors put a troubling amount of faith in a psychological trait scale, when you can assess the same things by looking at work history, length of relationships, and having your own warning signs on high alert during the interview process. Use your intuition about whether someone will be a good fit. It is also risky to assume you can “get around” the Americans with Disabilities Act by using the PPI-R scale with job applicants when what you are measuring is psychopathy and resulting goodness of fit in your workplace.
And a high-functioning psychopathic attorney is just the kind of person to drag you through a lawsuit by claiming that you rejected him or her based on an ADA protected factor.
Schutte, N., Blickle, G., Frieder, R., Wihler, A., Schnitzler, F., Heupel, J., & Zettler, I. (2015). The Role of Interpersonal Influence in Counterbalancing Psychopathic Personality Trait Facets at Work Journal of Management DOI: 10.1177/0149206315607967
This will shock you, or maybe relieve you: Psychopaths are different from the rest of us. Here’s another article saying there are measurable differences in how the brains of how criminal psychopaths work (and look) when compared to non-criminal psychopaths (those who have psychopathic traits but have not been convicted of criminal offenses) and non-psychopaths.
While many criminal offenders have psychopathic traits, there are some psychopaths who never commit offenses (at least, for which they are convicted). Today’s researchers wanted to see if there were “brain differences” visible on an MRI. They tested 14 convicted psychopaths and 20 non-criminals—half of whom who had a high psychopathy scale score but had not been convicted of any offenses. This is a very small group size but as they comment—it is the first time convicted offenders have actually been examined.
They found a few differences and the following is a summary of their findings:
Psychopaths (both criminal and non-criminal) have stronger reward centers in their brains
To clarify, the brain’s reward center—called the nucleus accumbens—“is responsible for recognizing and processing the rewards and punishments that follow from our actions”. The researchers had participants perform various tests while in an MRI scanner to measure brain activity. Those who had no significant psychopathic traits had a weaker response in the brain’s reward center than did both the criminal and non-criminal psychopaths.
Low self-control and less response to reward in criminal compared to non-criminal psychopaths
Good communication between the reward center of the brain and an area in the mid-brain is seen as reflecting good self-control. The authors found that criminal psychopaths did not have as good communication between those brain areas as did non-criminal psychopaths. While this is the first time criminal psychopaths were actually examined in this way (and there were only 14 of them) the researchers think it possible that the tendency to commit a criminal offense stems from a combination of a lack of responsiveness to reward and a lack of self-control.
Among the other lessons learned was a sense that when your reward center is extremely sensitive, you may be more likely to behave impulsively. The researchers think a sensitive reward center may be more predictive than a lack of empathy but obviously follow-up studies are needed. They also think that if future studies continue to show the brain plays an important role in criminal behavior—we may yet see brain scans being used in forensic examinations for diminished responsibility down the road.
While neurolaw advances are not being published as quickly as they were for a while, there are still multiple researchers working on the question of responsibility for criminal acts when your brain is demonstrably different from a non-psychopath. This is an interesting line of research in terms of comparing criminal psychopaths to non-criminal psychopaths and non-psychopaths. The small sample size is a concern and we need to wait for larger samples but the ideas are ones we think likely to continue to spark new research until we have to deal with these questions of responsibility in the courtroom. We’ve written about this area frequently so if you’d like to see what our mock jurors say in pretrial research, take a look at the neurolaw category in our blog.
Geurts DE, von Borries K, Volman I, Bulten BH, Cools R, & Verkes RJ (2016). Neural connectivity during reward expectation dissociates psychopathic criminals from non-criminal individuals with high impulsive/antisocial psychopathic traits. Social Cognitive and Affective Neuroscience, 11 (8), 1326-1334 PMID: 27217111
Last week we published a new post on terrific visual evidence from the political arena that quickly and visually described complex (and huge) data sets. This week (and no, this will not be a regular weekly feature) we mine another (and perhaps unexpected) data source: Twitter. While you may have seen Jimmy Kimmel having movie stars read mean tweets about themselves—this visualization of American intolerance is much less amusing.
Although we are based in Texas (claiming the #3 slot in terms of American derogatory tweets), we travel all over the country doing pretrial research. As we prepare for that travel, we always investigate the demographic data of a planned venue so we can recruit a sample of mock jurors that reflect the community in which we are doing research. We look at online versions of local newspapers to get a sense of what residents have been reading about, talking about, or experiencing first-hand that might have relevance to our case. And sometimes, depending on the case specifics, we do a lot more research than usual to identify themes we might hear from mock jurors that can be instructive for us as we write up reports. However, prior to seeing the information we are about to share with you, we have not done Twitter research. From now on, we might need to add that to the list.
Imagine that you are working on a case that involves litigants that are minorities, or issues about social justice, or immigrants. You want to have a sense of the biases present in the area—where you can find representative opinions about your clients or the other party. You might want to understand the prevalence of biases and their social acceptability within the venue. Are slurs against black people, slurs against Hispanics or Latinos, slurs against women, slurs against the cognitively disabled, slurs against those who are overweight, or just plain nastiness and incivility in general something that people feel able to express openly? How can you know? You guessed it. Twitter.
The results can be found on Twitter, courtesy of the geotagging function in Twitter which allows you to “map” hate speech. The mining was done by a residential search engine site (Adobo) so that people looking for a new place to live can either steer clear of localities or get a higher chance of having a next-door neighbor who shares a particular favorite form of bigotry. It could also, though, be a simple place to take a look at how biases (aka online hate speech) will interact with your specific case facts.
Some of the maps do not fit with our stereotypes of various states—take for example the least bigoted states: Wyoming, Montana, Vermont, South Dakota, Idaho, Arkansas, Minnesota, Maine, North Dakota, and Wisconsin. Some of these states are often seen as having many people in them who are very bigoted and yet, there is no mention of them on Adobo’s data visualization maps as being exceptionally bigoted states. And therein lies the issue. Some areas of the country, especially rural areas, don’t tweet nearly as much as others.
Twitter participation is relatively rare among adults on the internet (only about 23% of all online adults according to Pew Research Center). So these maps geotagging hate speech may not be representative of all your neighbors (we’re talking about the 77% of online adults who are not on Twitter). When we evaluate barriers to evidence-based jury decision-making, understanding the prevalent social attitudes is crucial. So, often these Twitter maps are not accurate enough by themselves—but they are a small window into potentially big problems. And that was the goal for Adobo in publishing the results. Go see the rest for yourself. It’s eye-opening and disheartening with only a few brighter spots.