Scientific Jury Selection

The Utility of Scientific Jury Selection

Still Murky After 30 Years

1. Joel D. Lieberman

+Author Affiliations

1. Department of Criminal Justice, University of Nevada, Las Vegas

1. Joel D. Lieberman, Department of Criminal Justice, University of Nevada, 4505 Maryland Parkway, Box 455009, Las Vegas, NV 89154-5009. E-mail:jdl@unlv.nevada.edu

Abstract

Many attorneys place considerable importance on the jury selection process. In order to more effectively screen potential jurors, attorneys involved in major litigation frequently hire jury selection consultants. Consultants use a variety of survey and observational approaches based on social science research techniques to conduct scientific jury selection (SJS). Over the past three decades, psychologists have engaged in research that has implications for evaluating the utility of SJS. In some cases, these research endeavors have examined the general relationship between background characteristics of research participants and their inclinations to either convict or acquit a defendant. In other cases, SJS techniques have been studied in actual trials, as well as mock trial simulations. In this article, I review these lines of research and conclude that while SJS may have some utility, methodological flaws associated with existing research prevent clear conclusions from being drawn. There is currently a strong need for high-quality evaluative research studies to be conducted on the SJS approach.

http://cdp.sagepub.com/content/20/1/48.abstract

#78: Good Listeners Get Inside Your Head

#78: Good Listeners Get Inside Your Head

Watch the full episode. See more NOVA scienceNOW.

Anchoring

Science 25 June 2010:
Vol. 328 no. 5986 pp. 1712-1715
DOI: 10.1126/science.1189993

• REPORT

Incidental Haptic Sensations Influence Social Judgments and Decisions

1. Joshua M. Ackerman¹,
2. Christopher C. Nocera² and
3. John A. Bargh³

-Author Affiliations

1. ¹Sloan School of Management, Massachusetts Institute of Technology, 77 Massachusetts Avenue, E62, Cambridge, MA 02142, USA.
2. ²Department of Psychology, Harvard University, 33 Kirkland Street, Cambridge, MA 02138, USA.
3. ³Department of Psychology, Yale University, Post Office Box 208205, New Haven, CT 06520, USA.

ABSTRACT

Touch is both the first sense to develop and a critical means of information acquisition and environmental manipulation. Physical touch experiences may create an ontological scaffold for the development of intrapersonal and interpersonal conceptual and metaphorical knowledge, as well as a springboard for the application of this knowledge. In six experiments, holding heavy or light clipboards, solving rough or smooth puzzles, and touching hard or soft objects nonconsciously influenced impressions and decisions formed about unrelated people and situations. Among other effects, heavy objects made job candidates appear more important, rough objects made social interactions appear more difficult, and hard objects increased rigidity in negotiations. Basic tactile sensations are thus shown to influence higher social cognitive processing in dimension-specific and metaphor-specific ways.

Allowing jurors to touch exhibits can be a powerful anchor to the intended message of the exhibit. Thus, using evidence jurors can see and touch can be a powerful anchor.

http://www.sciencemag.org/content/328/5986/1712.abstract#aff-3

ATLA'S ULTIMATE TRIAL ADVOCACY COLLEGE: ART OF PERSUASION

March 12, 2011 - March 16, 2011
Harvard Law School and the Sheraton Commander Hotel
Cambridge, Massachusetts

ATLA'S ULTIMATE TRIAL ADVOCACY COLLEGE: ART OF PERSUASION

Build Confidence in Your Powers of Persuasion
With the inaugural program held at Harvard University in 1990, ATLA's Ultimate was the first of its kind to train trial lawyers in advanced communication skills and trial strategies. Using more than 20 years of ATLA/AAJ research, ATLA's Ultimate remains the national gold standard of trial advocacy programs.

In 2011 the tradition continues as ATLA's Ultimate returns to its beginnings at Harvard University. The intense five-day program delivers the ultimate strategies for jury selection, voir dire, trial psychology, and courtroom communications. It includes a combination of lectures, demonstrations, and hands-on workshops led by a faculty of seasoned trial lawyers with nationally recognized trial consultants and communications experts. Only experienced trial lawyers with more than five jury trials are admitted to the program.

Put Advanced Concepts into Practice
Learn how to form relationships with the jury, use demonstrative evidence effectively, and counter negative juror perceptions and behavior. Master what you have learned in small workshops. Sessions include communication workshops on capturing, holding, and directing the jury’s attention; demonstrations on storytelling and theming in opening; and more.

Active Participation Is a Must
Work with seasoned trial lawyers as well as with nationally recognized trial consultants and communications experts who will push you to actively think about how you communicate and the positive impact it can have at trial. You will be challenged and scrutinized at every turn—and all aspects of your presentation will be documented on DVD for your continued reference.

Your Last Step Toward Becoming a Diplomate
For AAJ members with 400 or more CLE hours, attendance at ATLA’s Ultimate is your last step toward obtaining the highest level of distinction in AAJ’s Achievement Recognition Program. Diplomates receive acknowledgement on http://www.justice.org/, in convention Program Books, and at AAJ’s Annual Convention. For more information about the Achievement Recognition Program and other AAJ’s professional recognition programs please visit www.justice.org/recognition.

This program has an excellent faculty. It will transform how you try a case!

See you there. http://www.justice.org/cps/rde/xchg/justice/hs.xsl/12893.htm

Describing the defendant's conduct

Learning About What Others Were Doing

Verb Aspect and Attributions of Mundane and Criminal Intent for Past Actions

1. William Hart1 and
2. Dolores Albarracín2

+Author Affiliations

1. ¹University of Alabama
2. ²University of Illinois at Urbana-Champaign

1. William Hart, Department of Psychology, University of Alabama, PO Box 873048, Tuscaloosa, AL 35487 E-mail: wphart@ua.edu
2. Dolores Albarracín, Department of Psychology, University of Illinois at Urbana-Champaign, 603 E. Daniel St., Champaign, IL 61820 E-mail: dalbarra@illinois.edu

Abstract

Scientists have long been interested in understanding how language shapes the way people relate to others, yet it remains unclear how formal aspects of language influence person perception. We tested whether the attribution of intentionality to a person is influenced by whether the person’s behaviors are described as what the person was doing or as what the person did (imperfective vs. perfective aspect). In three experiments, participants who read what a person was doing showed enhanced accessibility of intention-related concepts and attributed more intentionality to the person, compared with participants who read what the person did. This effect of the imperfective aspect was mediated by a more detailed set of imagined actions from which to infer the person’s intentions and was found for both mundane and criminal behaviors. Understanding the possible intentions of others is fundamental to social interaction, and our findings show that verb aspect can profoundly influence this process.

This research suggests that people infer greater intentionality when the person's conduct is described as what he was doing rather than what he did. Seems to have important implications for opening statement. Using real science in representing plaintiffs!

I 5683 you: When texting takes over our brains - Association for Psychological Science

I 5683 you: When texting takes over our brains - Association for Psychological Science

Are there symbols or metaphors we are using during trial that are helping or hurting us. Perhaps using metaphors that have important evolutionary meaning, such as warmth, can be used to minimize the bias that trial lawyers face every time they step into a courtroom and communicate with a jury.

ATLA'S ULTIMATE TRIAL ADVOCACY COLLEGE: ART OF PERSUASION

March 12, 2011 - March 16, 2011
Harvard Law School and the Sheraton Commander Hotel
Cambridge, Massachusetts

Build Confidence in Your Powers of Persuasion
With the inaugural program held at Harvard University in 1990, ATLA's Ultimate was the first of its kind to train trial lawyers in advanced communication skills and trial strategies. Using more than 20 years of ATLA/AAJ research, ATLA's Ultimate remains the national gold standard of trial advocacy programs.

In 2011 the tradition continues as ATLA's Ultimate returns to its beginnings at Harvard University. The intense five-day program delivers the ultimate strategies for jury selection, voir dire, trial psychology, and courtroom communications. It includes a combination of lectures, demonstrations, and hands-on workshops led by a faculty of seasoned trial lawyers with nationally recognized trial consultants and communications experts. Only experienced trial lawyers with more than five jury trials are admitted to the program.

Put Advanced Concepts into Practice
Learn how to form relationships with the jury, use demonstrative evidence effectively, and counter negative juror perceptions and behavior. Master what you have learned in small workshops. Sessions include communication workshops on capturing, holding, and directing the jury’s attention; demonstrations on storytelling and theming in opening; and more.

Active Participation Is a Must
Work with seasoned trial lawyers as well as with nationally recognized trial consultants and communications experts who will push you to actively think about how you communicate and the positive impact it can have at trial. You will be challenged and scrutinized at every turn—and all aspects of your presentation will be documented on DVD for your continued reference.

Your Last Step Toward Becoming a Diplomate
For AAJ members with 400 or more CLE hours, attendance at ATLA’s Ultimate is your last step toward obtaining the highest level of distinction in AAJ’s Achievement Recognition Program. Diplomates receive acknowledgement on http://www.justice.org/, in convention Program Books, and at AAJ’s Annual Convention. For more information about the Achievement Recognition Program and other AAJ’s professional recognition programs please visit www.justice.org/recognition.

What Past Attendees Are Saying

“I was reminded why we do this work. I was supported, encouraged, taught so much that was profoundly helpful. I’m inspired.”
—Emily Joselson, Middlebury, VT, AAJ Member since 1985

“Best, without a question, CLE that I have ever attended. I only wish I had taken [the] seminar 12 years ago. This seminar will change my practice and allow me to obtain better outcomes for my clients.”
—Randolph James, Winston-Salem, NC, AAJ Member since 1985


This course is only for dedicated, highly motivated advocates who want to excel and improve their communication and persuasion skills. Invitations are extended exclusively to AAJ plaintiff members (Regular, Life, Sustaining, President's Club, and Leaders Forum) who have tried at least five jury trials. Enrollment is limited. AAJ Paralegal Affiliates may be eligible to attend this program at a discount by attending with an AAJ plaintiff lawyer from the same firm with the same firm address.

Your Registration Includes
• 34.5 hours of continuing legal education and NCA credits, which can be applied toward
AAJ’s professional recognition programs
• Recorded workshops with personalized critiques
• Comprehensive reference materials
• Complimentary opening night dinner
• Complimentary daily continental breakfast and coffee

Undecided?

Call us. We'll provide you with names and phone numbers of previous attendees of AAJ Education programs who will be pleased to answer your questions. Or, if you prefer to speak with a course advisor or faculty member, we will arrange that as well. Call 800.622.1791 or 202.965.3500, extension 8612.

Housing

A limited number of rooms are being held at the Sheraton Commander Hotel for program registrants until February 8. AAJ has a special group rate of $189 single/double room and 14.45% occupancy tax, 5.7% state tax, 6% city tax, and 2.75% convention center tax. For housing accommodations, click here to complete a housing request.

Hotel Address:
Sheraton Commander Hotel
16 Garden Street
Cambridge, MA 02138

For more information, please contact AAJ's Conventions & Exhibits Coordinator, at 800.622.1791 or 202.965.3500, ext. 8816, or email hotels@justice.org, Monday–Friday, 9:00 am to 5:30 pm ET. Please call the hotel directly for changes to your hotel reservation within 72 hours of your arrival.

http://www.justice.org/cps/rde/xchg/justice/hs.xsl/12893.htm

‘Was Doing’ Versus ‘Did’: Verbs Matter When Judging Other People’s Intentions - Association for Psychological Science

‘Was Doing’ Versus ‘Did’: Verbs Matter When Judging Other People’s Intentions - Association for Psychological Science

Scientists have long been interested in understanding how language shapes the way people relate to others, yet it remains unclear how formal aspects of language influence person perception.We tested whether the attribution of intentionality to a person is influenced by whether the person’s behaviors are described as what the person was doing or as what the person did (imperfective vs. perfective aspect). In three experiments, participants who read what a person was doing showed enhanced accessibility of intention-related concepts and attributed more intentionality to the person, compared with participants who read what the person did. This effect of the imperfective aspect was mediated by a more detailed set of imagined actions from which to infer the person’s intentions and was found for both mundane and criminal behaviors. Understanding the possible intentions of others is fundamental to social interaction, and our findings show that verb aspect can profoundly influence this process.

Jurors sticking to the evidence?

Dishonest Deed, Clear Conscience: When Cheating Leads to Moral Disengagement and Motivated Forgetting

Lisa L. Shu1, Francesca Gino1, and Max H. Bazerman1 Abstract

Personality and Social Psychology Bulletin 37(3) 330–349 © 2011 by the Society for Personality and Social Psychology, Inc

Reprints and permission: sagepub.com/journalsPermissions.nav DOI: 10.1177/0146167211398138 http://pspb.sagepub.com

People routinely engage in dishonest acts without feeling guilty about their behavior. When and why does this occur? Across four studies, people justified their dishonest deeds through moral disengagement and exhibited motivated forgetting of information that might otherwise limit their dishonesty. Using hypothetical scenarios (Studies 1 and 2) and real tasks involving the opportunity to cheat (Studies 3 and 4), the authors find that one’s own dishonest behavior increased moral disengagement and motivated forgetting of moral rules. Such changes did not occur in the case of honest behavior or consideration of the dishonest behavior of others. In addition, increasing moral saliency by having participants read or sign an honor code significantly reduced unethical behavior and prevented subsequent moral disengagement. Although dishonest behavior motivated moral leniency and led to forgetting of moral rules, honest behavior motivated moral stringency and diligent recollection of moral rules.

Will reminding jurors of their oath just before they retire for deliberation make them less susceptible to consciously or unconsciously relying on extra legal matters or bias? In other words, will reminding jurors of their oath make them more likely to decide the case solely on the evidence as the instructions require? Here is the cite for the article:

http://psp.sagepub.com/content/37/3/330.abstract?rss=1

Eyewitness Recall More Suggestible To Misinformation After Testing

Eyewitness Recall More Suggestible To Misinformation After Testing

Evolution of Trial Practice

March 25, 2011 - March 26, 2011
Hotel Palomar
Atlanta, GA

At AAJ’s newest seminar, Evolution of Trial Practice: A Frank Dialogue, you’ll learn the pros and cons about widely-discussed trial advocacy methods. Find out what considerations to make as you implement them in your practice and how these methods complement each other in your case strategy.

Evolution of Trial Practice: A Frank Dialogue offers an introspective view of several popular advocacy theories and if—and how—they should be applied to your cases. We’ll examine:

• Reptile
• Rules of the Road
• Psychodrama
• Overcoming Juror Bias
• Choice Theory

Plus we will get inside how Reptile and Zaltman Focus Groups work. A methodical approach to dissecting each theory is used to provide a strong understanding of best-case scenarios for success (and failure). Experienced practitioners lead each thought-provoking discussion with live demonstrations.

Open Only to AAJ Plaintiff Members (Regular, Life, Sustaining, President’s Club, and Leaders Forum) and AAJ’s Paralegal Affiliates.

Using Fast and Frugal Presentation Of The Trial Story

Does Fast or Slow Evaluation Foster Greater Certainty?

Zakary L. Tormala1, Joshua J. Clarkson2, and Marlone D. Henderson3

Abstract

Personality and Social Psychology Bulletin 37(3) 422–434 © 2011 by the Society for Personality and Social Psychology, Inc

This research investigates the effect of perceived evaluation duration—that is, the perceived time or speed with which one generates an evaluation—on attitude certainty. Integrating diverse findings from past research, the authors propose that perceiving either fast or slow evaluation can augment attitude certainty depending on specifiable factors. Across three studies, it is shown that when people express opinions, evaluate familiar objects, or typically trust their gut reactions, perceiving fast rather than slow evaluation generally promotes greater certainty. In contrast, when people form opinions, evaluate unfamiliar objects, or typically trust more thoughtful responses, perceiving slow rather than fast evaluation generally promotes greater certainty. Mediation analyses reveal that these effects stem from trade-offs between perceived rational thought and the perceived ease of retrieving an attitude. Implications for research on deliberative versus intuitive decision making are discussed.

http://psp.sagepub.com/content/37/3/422.abstract

Meditation

Volume 191, Issue 1, Pages 36-43 (30 January 2011) 7 of 15

ABSTRACT

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Mindfulness practice leads to increases in regional brain gray matter density

Britta K. Hölzelab, James Carmodyc, Mark Vangela, Christina Congletona, Sita M. Yerramsettia, Tim Gardab, Sara W. Lazara

Received 26 March 2010; received in revised form 9 August 2010; accepted 11 August 2010.

Abstract

Therapeutic interventions that incorporate training in mindfulness meditation have become increasingly popular, but to date little is known about neural mechanisms associated with these interventions. Mindfulness-Based Stress Reduction (MBSR), one of the most widely used mindfulness training programs, has been reported to produce positive effects on psychological well-being and to ameliorate symptoms of a number of disorders. Here, we report a controlled longitudinal study to investigate pre–post changes in brain gray matter concentration attributable to participation in an MBSR program. Anatomical magnetic resonance (MR) images from 16 healthy, meditation-naïve participants were obtained before and after they underwent the 8-week program. Changes in gray matter concentration were investigated using voxel-based morphometry, and compared with a waiting list control group of 17 individuals. Analyses in a priori regions of interest confirmed increases in gray matter concentration within the left hippocampus. Whole brain analyses identified increases in the posterior cingulate cortex, the temporo-parietal junction, and the cerebellum in the MBSR group compared with the controls. The results suggest that participation in MBSR is associated with changes in gray matter concentration in brain regions involved in learning and memory processes, emotion regulation, self-referential processing, and perspective taking.