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Social science research, current events & jury news all viewed through the lens of litigation advocacy with an emphasis on persuasion, bias, communication, and all phases of case preparation.

Rita Handrich
3 posts

Doug Keene
152 posts

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  • May 17, 2013
  • 07:02 AM
  • 23 views

Is there a relationship between age and ethnic prejudice?

by Doug Keene in The Jury Room

As you have probably noticed, we read a lot of research here at The Jury Room. We are looking for nuggets of knowledge or pearls of wisdom we can apply to our day-to-day practice of litigation advocacy. If you’ve read our work on generations you likely already know there is a relationship between age and [...]

Related posts:
Pretrial publicity & bias: Take a look at the age of your jurors!
Politics and prejudice? Nope. It’s about ideology!
Polls and Prejudice


... Read more »

  • May 15, 2013
  • 07:02 AM
  • 27 views

Shooting the messenger: The intergroup sensitivity effect

by Rita Handrich in The Jury Room

We have likely all heard the saying “Don’t shoot the messenger”. According to new research, we are more likely to shoot that unlucky messenger when they are an outgroup rather than ingroup member. While that makes sense (sort of) it’s an intriguing article. And  likely a depressing article for those who would like to promote [...]

Related posts:
The “hoodie effect”: A domestic variant of the turban effect
The hypercorrection effect: Correcting misinformation and false belie........ Read more »

  • May 13, 2013
  • 07:02 AM
  • 25 views

Maybe you really should use PowerPoint in court!

by Doug Keene in The Jury Room

PowerPoint is often maligned but new research shows a courtroom PowerPoint effect that is nothing to dismiss! When Plaintiff attorneys used PowerPoint slides, mock jurors thought the Defendant was more liable for the alleged behavior. When the Defense used PowerPoint slides, the Defendant was less liable in the eyes of the mock jurors. Seriously? Because [...]

Related posts:
Patent litigation and wonder in East Texas
Chicago attorney explains to Court: “Personally, I like large breasts.̶........ Read more »

Park, J., & Feigenson, N. (2013) Effects of a Visual Technology on Mock Juror Decision Making. Applied Cognitive Psychology, 27(2), 235-246. DOI: 10.1002/acp.2900  

  • May 8, 2013
  • 07:02 AM
  • 24 views

Eyewitness testimony: It’s how you talk and who I think you are

by Doug Keene in The Jury Room

We know about the problems with inaccuracy in eyewitness testimony. But here’s a study showing bias in how listeners assess the eyewitnesses themselves. Yes, you read that correctly. It isn’t about the content of the eyewitness’ testimony. Oh no. It is instead about how the eyewitness talks and how the listener assesses their social standing. [...]

Related posts:
Helping jurors ‘see’ what eye witnesses said they saw
When “I don’t know” improves the accuracy of eye-witness identi........ Read more »

  • May 6, 2013
  • 07:02 AM
  • 41 views

Simple Jury Persuasion: “The opportunity to leave a cognitive legacy”

by Rita Handrich in The Jury Room

As trial consultants we are always alert to the possibility of new persuasion strategies. Often we find new perspectives in disciplines other than our own. Intriguing and powerful conclusions can stem from different sorts of thinking processes, based on different bodies of research. Recently, we ran across the work of Arthur (Skip) Lupia whose presentations contain [...]

Related posts:
Simple Jury Persuasion: Avoid ‘oops you did it again’ errors
Simple Jury Persuasion: The more thi........ Read more »

Lupia, Arthur. (2012) The Trouble with Voters and Those Who Try to Fix Them. SSRN Electronic Journal. info:/

  • May 3, 2013
  • 07:02 AM
  • 67 views

Facial disfigurement is too disturbing, or why I won’t hire you

by Doug Keene in The Jury Room

Roger Ebert was a standout when it comes to facial disfigurement. We knew him before it happened. We applauded his bravery and courage in re-emerging publicly after disfiguring cancer surgery. Yet we also stared in disbelief when we saw him. His disfigurement was such that it gave the sense he was always smiling. That probably helped [...]

Related posts:
When facial disfiguration disgusts
Judging books by their cover: More on facial clues to character
Proof we don’t hire the most qualified c........ Read more »

  • May 1, 2013
  • 07:02 AM
  • 39 views

“My nostrils? My nostrils are virile…”

by Rita Handrich in The Jury Room

Oh, the things men say. Well, in truth, no real man said this. It’s featured in a parody of the viral Dove video where a forensic artist draws pictures of women as they describe themselves and then as they are described by a stranger. In the real ad, the women describe themselves as less attractive than [...]

Related posts:
Real men don’t make mistakes
“It was ‘a man’s work’ and I just didn’t like working with those incompetent women….”
Look into my eyes…..


... Read more »

  • April 29, 2013
  • 07:02 AM
  • 65 views

Look into my eyes…..

by Doug Keene in The Jury Room

How often have you read that “the eyes are the window to the soul”? What that means, say proponents, is that all you have to do to know how someone feels is to look into their eyes and you know all. New research would say that only holds true (at least if you are a [...]

Related posts:
We pray with closed eyes
The eyes of [not just] Texas are upon you…
“I can look into his eyes and just tell he is lying”


... Read more »

  • April 26, 2013
  • 07:02 AM
  • 83 views

Larger groups means you are less likely to form interracial relationships

by Rita Handrich in The Jury Room

I sent my kids to a small school with a 1:12 student teacher ratio for kindergarten through 12th grade. While I knew that student/teacher ratio was terrific, I worried sometimes that they did not have the diversity in student body they would have in a larger school. My kids (now in college) have told me [...]

Related posts:
“That’s a big knife!”: Threatening objects loom larger
Contempt for Gen Y: It’s everywhere—including law firms!
Attractiveness and being fired for poor performance........ Read more »

Cheng S, & Xie Y. (2013) Structural effect of size on interracial friendship. Proceedings of the National Academy of Sciences of the United States of America. PMID: 23589848  

  • April 24, 2013
  • 07:02 AM
  • 76 views

Simple Jury Persuasion: The Sunshine Samaritan Effect

by Doug Keene in The Jury Room

If you want to prevail at trial, would it be useful to be able to control the weather? New research would say it depends on whether you want the jurors to help the plaintiff or defendant or not. Seriously? Seriously. It’s called the Sunshine Samaritan Effect. “Your Honor, I’d like to recess until the sun [...]

Related posts:
The “hoodie effect”: A domestic variant of the turban effect
The hypercorrection effect: Correcting misinformation and false beliefs
Simple Jury Persuasio........ Read more »

  • April 17, 2013
  • 07:02 AM
  • 64 views

The seductive allure of ‘seductive allure’

by Doug Keene in The Jury Room

Sometimes academics make the most of a clever turn of phrase. But this post isn’t about sex and it isn’t about Marilyn Monroe. Instead, it is about everyone’s favorite other topic: the CSI effect. Am I right? That is your favorite other topic, isn’t it? Even though there have been growing indications that fear of [...]

Related posts:
Redux: Bye-bye CSI?
The dilemma of the ‘Expert’ Witness
Confused about brain scans? Welcome to the club!


... Read more »

Farah, M., & Hook, C. (2013) The Seductive Allure of "Seductive Allure". Perspectives on Psychological Science, 8(1), 88-90. DOI: 10.1177/1745691612469035  

  • April 15, 2013
  • 07:02 AM
  • 52 views

Which jurors most “feel” your client’s pain?

by Doug Keene in The Jury Room

This is an intriguing question with a pretty straightforward answer. But if you are assuming the answer is “women”, you are only partially correct. Researchers from Michigan, New York and North Carolina investigated the relationship of age and empathy in three large samples of American adults who ranged in age from 18 to 90 years. [...]

Related posts:
Does your capital client “look deathworthy”?
Pretrial publicity & bias: Take a look at the age of your jurors!
Should you ask your o........ Read more »

O'Brien E, Konrath SH, Grühn D, & Hagen AL. (2013) Empathic concern and perspective taking: linear and quadratic effects of age across the adult life span. The Journals of Gerontology. Series B, Psychological Sciences and Social Sciences, 68(2), 168-75. PMID: 22865821  

  • April 12, 2013
  • 07:02 AM
  • 103 views

Stereotypes happen all the time if you are neither pale nor male

by Rita Handrich in The Jury Room

The title of this blog post comes from a post by Ainissa Ramirez on gender and racial bias in the workplace. It’s a lovely turn of phrase even for such an ugly thing. We might think of the science fields as being more neutral and unbiased. I mean, it is science, right? Not so much. Researchers [...]

Related posts:
Hey Professor! Get married and get tenure–if you’re male!
Asian stereotypes: Furtive, sneaky, dishonest and trying to one-up Americans
Are female stalkers less likely to be........ Read more »

Moss-Racusin CA, Dovidio JF, Brescoll VL, Graham MJ, & Handelsman J. (2012) Science faculty's subtle gender biases favor male students. Proceedings of the National Academy of Sciences of the United States of America, 109(41), 16474-9. PMID: 22988126  

  • April 10, 2013
  • 07:02 AM
  • 75 views

The dilemma of the ‘Expert’ Witness

by Doug Keene in The Jury Room

In any case that includes a dispute over professional standards, science, technology, or an area of specialized knowledge, expert witnesses are going to be involved. Selecting someone who will be viewed as knowledgeable and credible to jurors is often difficult. You obviously are going to choose someone who knows the content at issue, but that’s [...]

Related posts:
Expert witness influence: Interrogation tactics and false confessions
What happens when a juror agrees [or disagrees] with your ........ Read more »

Schauer, F., & Spellman, B. (2013) Is Expert Evidence Really Different?. SSRN Electronic Journal. DOI: 10.2139/ssrn.2210397  

  • April 3, 2013
  • 07:02 AM
  • 127 views

The Millennial demand for work/life balance: A harbinger of good to come?

by Rita Handrich in The Jury Room

Unless you live under a rock, you have heard about the Sheryl Sandberg (Facebook COO) book: Leaning In. She has been in the middle of a media whirlwind for the last few weeks. A couple of weeks ago, I turned the TV on while eating a late lunch and found myself watching the Katie Couric talk [...]

Related posts:
Is the Millennial Generation beginning to differentiate? Maybe!
Litigation consulting and the meaning of life
Civility at work, at school, and in the courtroom


... Read more »

Sheryl Sandberg. (2013) Lean In: Women, Work, and the Will to Lead. Knopf Publishing. info:/

  • April 1, 2013
  • 07:02 AM
  • 129 views

Worried about recidivism? Scan that felon’s brain!

by Doug Keene in The Jury Room

Remember the movie the Minority Report? In that movie, you can be charged with a crime prior to committing it. Because they can see the future. Well, now–so can we! At least according to some neuroscientists. And all it takes is a brain scan. How tidy! According to the scientists, those felons who show low activity [...]

Related posts:
“Acquired pedophilia”: His brain made him do it
Confused about brain scans? Welcome to the club!
And the jury says: “His brain really DID make him d........ Read more »

Aharoni E, Vincent GM, Harenski CL, Calhoun VD, Sinnott-Armstrong W, Gazzaniga MS, & Kiehl KA. (2013) Neuroprediction of future rearrest. Proceedings of the National Academy of Sciences of the United States of America. PMID: 23536303  

  • March 29, 2013
  • 07:02 AM
  • 144 views

Is the Millennial Generation beginning to differentiate? Maybe!

by Rita Handrich in The Jury Room

And maybe not! If you read our blog regularly, you know we like to write about generations. (And race, and tattoos, and gender issues, and other stuff too.) So it won’t surprise you to see us peering at one of the first articles we’ve seen to say the Millennial Generation is finally beginning to form into [...]

Related posts:
Generation Y (aka the Millennials): Just the facts
Generation X: Active, balanced and happy. Seriously?
Intergenerational Law Offices and Intergenerational Juries


... Read more »

Debevec, K, Schewe, CD, Madden, TJ, & Diamond, WD. (2013) Are today’s Millennials splintering into a new generational cohort? Maybe!. Journal of Consumer Behavior, 20-31. info:/

  • March 27, 2013
  • 07:02 AM
  • 130 views

Simple Jury Persuasion: Is that foreigner lying up there on the witness stand?

by Doug Keene in The Jury Room

None of us like to be lied to and we hunt for indicators of deception in the behavior of others. A dilemma occurs in our assessments of witnesses from other cultures–since social norms are culture-specific. We observe the behavior of others and make judgments as to whether they are lying according to our sense of whether [...]

Related posts:
Simple Jury Persuasion: Stand up straight but avoid gesturing with your hands in front of the jury!
Simple Jury Persuasion: “That was the witness ........ Read more »

  • March 25, 2013
  • 07:02 AM
  • 156 views

Playing the race card: When it works and why it doesn’t

by Rita Handrich in The Jury Room

One of our most often accessed posts is in our Simple Jury Persuasion series and titled When to Talk about Race and When to Stay Silent. In the year following that post, two researchers examined when making race salient was useful for defense attorneys. The article, with authors residing in and research done in the U.S.,  was [...]

Related posts:
False Confessions: “No one really does that unless they’re just stupid”
Who was hurt? That’s how we know just whom to blame…
“Glasses c........ Read more »

  • March 22, 2013
  • 07:02 AM
  • 88 views

Should I pretend to be angry to get a better offer?

by Doug Keene in The Jury Room

Parties in negotiation are often eager to gain an edge in the maneuvering. Plans sometimes are made to walk away in anger as a strategy to elicit cooperation from the other side. But is that a good idea? Researchers say faking anger is not a wise move, but expressing actually felt anger may help you [...]

Related posts:
Negotiations: Starting high and ending with nothing
Twelve (not so) angry men: Increasing participation in jury decision-making
“I want to cry and I don’t know why!”


... Read more »

Côté, S., Hideg, I., & van Kleef, G. (2013) The consequences of faking anger in negotiations. Journal of Experimental Social Psychology, 49(3), 453-463. DOI: 10.1016/j.jesp.2012.12.015  

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