Trial Methods set out to take the pulse of the public by questioning jury-eligible people across the country about their attitudes pertaining to litigation in 2017. Respondents were from geographically, politically and demographically diverse regions and asked a series of questions online. The results of the survey follow: LAWSUITS VS. CORPORATIONS Percent Agree Plaintiffs often exaggerate their claims in order to increase damage awards 74% Making corporations pay big jury

There is no way to know for sure what percentage of reasons that prospective jurors give for being “unable” to serve on a jury are legitimate. Jury duty is typically viewed as an inconvenience, with individuals being asked to give up their days for anywhere from a day to numerous months. Oftentimes potential jurors are more unwilling to serve than they are unable. Excuses range from the entirely permissible to

Litigants are typically interested in learning about a prospective juror’s political orientation during the jury selection process. This line of thinking is that if one’s general political leaning is deduced then other specific litigation-related attitudes become apparent that reveal insights into how a juror will render a verdict. For example, aren’t Republicans typically tougher on criminals and therefore good for the prosecution? In the civil arena, won’t Democrats be more

Now that the new”Bull” series has several weeks under its belt many people have asked me how much the show resembles what actual trial consultants do. It reminded me of a wonderful piece a highly admired trial consultant wrote a few months ago. I am speaking of Dr. Ken Broda-Bahm, who agreed to be my “guest” blogger on the topic and so I am using the prior piece he did

Do you ever wonder how two people can have completely different reactions to the same statement made by a political candidate? In Social Psychology there is a phenomenon called confirmation bias. Confirmation bias is the tendency to seek out information in a way that confirms one’s preexisting beliefs. This bias suggests that minimal psychological energy is used to seek out and process alternative possibilities. Put simply, people interpret information in

Defense attorneys representing Russell Brown III, who is charged with killing a Virginia State Police Trooper 3 years ago, tried to push his trial to a later date arguing the charged atmosphere surrounding the killings of 5 Dallas Police Officers was too hostile for their client to get a fair trial. The Judge did not accept this rationale for moving the trial date – he felt the Dallas police shootings

I am often asked whether jurors keep an open mind throughout the course of an entire trial or if they make up their minds at an early juncture and stick with their viewpoint. I wrote an article in For the Defense titled, “A Study in Juror Psychology: Making Up Minds Early,” where I addressed such questions; see link page 14 http://forthedefense.org/ftd/2012-03F.pdf In a study of mock jurors I found that

Most of the time when celebrities are on trial they try and connect with the jury by conveying the sense that they, the celebrity, are a lot like regular ordinary folks. In criminal cases, well-known defendants want their star power to shine but not so brightly that it looks as if they are purposefully using their star status to curry favor with jurors and receive preferential treatment. Sometimes the right

Alan Tuerkheimer ‘Making a Murderer’ is the popular web television series exploring the story of Steven Avery who served 18 years in prison for sexual assault before being exonerated in 2003. Shortly after his release, he was arrested in connection with the murder of a local photographer and convicted in 2007, despite proclaiming his innocence. Given the attention this series generated I thought it would be interesting to talk to

Defendants are often advised not to take the stand because they can be cross-examined by a professional whose job it is to make them look guilty. Under the Fifth Amendment, the defendant has an absolute right not to testify at trial, just as he or she has a right to give evidence on his or her own behalf if they choose to. But from a jury psychology standpoint, jurors typically