Are juror decisions full of “NOISE,” and what can we do about it? In his recent book co-authored with Olivier Sibony, and Cass R. Sunstein, Daniel Kahneman, a famous psychologist, and economist, Emeritus Professor at Princeton University, and Nobel Prize-winning author of the highly influential Thinking, Fast and Slow, describes how Noise – the title […]
Other Ways to Listen Listen on Apple Podcasts Listen on Google Podcasts Listen on Amazon Music Listen on Spotify Social scientists use the term implicit or unconscious bias to refer to stereotypes or attitudes that operate without an individual’s conscious awareness or control. These attitudes or stereotypes can affect a person’s thoughts, actions, and decisions […]
Every law student learns about Batson v. Kentucky, the landmark 1986 U.S. Supreme Court case that held that a prosecutor cannot strike potential jurors based on race in a criminal trial. That principle was later extended to civil litigation, with the Supreme Court saying in Edmondson v. Leesville Concrete Company that racially discriminatory criteria may […]
Like previously discussed in our blog, supplemental juror questionnaires (SJQs) are essential to getting the best possible jury and, in turn, winning your case. With COVID-19 continuing to ravage the United States, SJQs are becoming more widely used and accepted, even in the most conservative jurisdictions. They are being classified as an essential tool to […]
Human interaction and socializing was completely transformed in the early 2000s when social media platforms began to gain popularity. In 2005, only 5% of the US adult population used social media, 15 years later that number is now around 80%.(1) Social media has gone from being a commodity to somewhat essential in multiple facets of […]
In-Person Vs. Virtual Trials in Times of COVID-19 COVID-19 has completely changed the way we do nearly everything in life. From going to the store to family gatherings, things are different. The effect of COVID-19 is especially salient in the court system. In the United States, our court system provides justice in both criminal and […]
Jurors’ Perceptions of the Jury Selection Process and Why It Matters The most experienced attorneys know that jury selection can make or break your case. It does not matter how much you prepare for the trial or how great your evidence may be, you can still lose a case simply because a single juror manipulated […]
Oral voir dire in federal and state courts have been known to hinder the discovery of important information about potential jurors. In federal courts, voir dire questions are limited to what you can ask, who can ask them, the time allowed for questioning, and the ability of individual juror questioning. This means that an alternative […]
COVID-19 and SJQs COVID-19 is a tragedy that has affected our nation in a way no living American has ever seen. It has changed our face-to-face interactions, our feelings of safety, our trust in our government’s safety protocols, and nearly every other aspect of our day-to-day lives. However, through even the toughest of times, the […]
Jury selection via psychographics is a new frontier in trial law. JuryAnalyst is kicking off a series of posts on the importance of weighing psychographics with demographics when selecting a jury. Merriam-Webster defines demographics as “the statistical characteristics of human populations (such as age or income) used especially to identify markets.” It defines psychographics as […]
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