Trial lawyers are keenly aware of how crucial a role that the composition of a jury plays in determining the outcome of a trial. In order for the legal process to successfully uphold the ideal of a defendants’ right to a fair trial, jurors must evaluate the evidence that informs the verdict in a fair […]
Artificial Intelligence (AI) is no longer a figment of sci-fi novels but a tangible reality impacting numerous sectors, including law. In the latest episode of our podcast, we unravel the power of Supplemental Juror Questionnaires (SJQs), shedding light on their potential to increase juror disclosure and combat common courtroom issues, and AI in jury selection […]
In the previous articles of our series on confirmation bias, aka Perception Bias in the legal system, we explored the profound impact of confirmation bias on jury selection and decision-making processes. We discussed how bias can lead to biased evaluations of evidence and witness testimony, as well as the tendency to favor information that aligns […]
In our previous article, “Confirmation Bias: The Science Behind its Impact on Jury Selection and Litigation”, we explored the concept of jury bias and its profound effects on jury selection and decision-making processes. We emphasized recognizing and addressing this cognitive bias in the legal system. Building upon that foundation, this article delves deeper into the […]
Trial lawyers are keenly aware of how crucial a role the composition of a jury plays in determining the outcome of a trial. For the legal process to successfully uphold the ideal of a defendant’s right to a fair trial, jurors must evaluate the evidence that informs the verdict fairly and impartially. However, a considerable […]
The judicial system strives to provide fair and impartial trials, relying on jurors to evaluate evidence and make informed decisions. However, in an era dominated by the media, the impact of extensive coverage on public opinion cannot be ignored. The growth of the internet has made access to information more accessible than ever, and the […]
The complex and multifaceted nature of human behavior can often make it challenging to predict how individuals will act in specific situations. To determine whether a juror may exhibit bias or make irrational decisions, it’s essential to have a comprehensive understanding of the context in which they will make their decision and the stable and […]
Define Scientific Method – 6 step of the scientific method is a procedure of scientific method that has defined science since as early as Aristotle in ancient Greece. What is meant by scientific method, rules in science list, and practical alchemy, which focuses on it, consists of several intentional and logical steps to test an […]
On March 16, 2020, the coronavirus (COVID-19) pandemic first began to affect court proceedings, when a New York judge declared a mistrial in the case of a doctor accused of sexual abuse after the defense attorney arrived at court with COVID-like symptoms. Later the same day, New York’s Office of Court Administration issued an indefinite […]
Big Data doesn’t always mean smart data.
Building a strong client relationship Seasoned trial attorneys often say the key ingredient in a good attorney-client relationship is a sense of mutual cooperation. But how do you establish that kind of relationship? Managing clients’ expectations is essential in building strong client relationships and retaining loyal clients. To establish relationships that benefit both you and […]
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 were 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 […]
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 […]
Discovering the Relevance of AI and Machine Learning We have seen the impact of machine learning, (the aspect of computer science based on pattern recognition and repetition) on technology, law, healthcare and other areas of society. So it should come as no surprise given the surge in big data, which underpins machine language and artificial intelligence (AI), that […]
Busting Old World Myths About Jury Selection Jury selection is the most important part of a trial! If you don’t have a completely fair and impartial jury panel, you may have already lost your case. The purpose of voir dire and the jury selection process is two-fold: To facilitate the identification and removal of any […]
Plan Your Playbook for Voir Dire and Jury Selection In preparing for voir dire and jury selection it is vitally important that you have a plan. The plan I follow I call my “playbook.” —Robert Eglet Preparing Your Playbook: Initial Steps I prepare a playbook for each and every case. It’s a very specific book I […]
Jury Selection Strategy is Key Trial lawyers all have different ideas as to what wins cases. Some say the key to winning trials is the opening statement, others will tell you it’s the closing argument or the cross-examination of the expert witnesses or the direct examination of your client or cross examination of opposing party. […]
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