Doug Keene

202 posts · 145,443 views

Doug Keene has a doctoral degree in Psychology and has worked as a trial consultant for the past 15 years. He is Past President of the American Society of Trial Consultants and has a full-service trial consulting practice. Twitter: @keenetrial

The Jury Room
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  • April 23, 2014
  • 07:02 AM
  • 2 views

How can I convince them this wasn’t racist? Just keep talking…

by Doug Keene in The Jury Room

We just can’t keep up with all the research on racism. So today, instead of a single article, we’re going to cite 3 of them! They are all disturbing examples that racism is alive, well, and measurable.  Was s/he a good professor? We’ve all sat through disorganized and incoherent lectures at some point in our […]

Related posts:
“I’ve got proof I’m open-minded!”: Inventing racist roads not taken
“I guess what he said wasn’t that bad”
Racist roads not taken and prejudice........ Read more »

Reid, L., & Birchard, K. (2010) The People Doth Protest Too Much: Explaining Away Subtle Racism. Journal of Language and Social Psychology, 29(4), 478-490. DOI: 10.1177/0261927X10377993  

Terbeck S, Kahane G, McTavish S, Savulescu J, Cowen PJ, & Hewstone M. (2012) Propranolol reduces implicit negative racial bias. Psychopharmacology, 222(3), 419-24. PMID: 22371301  

  • April 18, 2014
  • 07:02 AM
  • 65 views

Hey, trial lawyers! The FDA is watching you!

by Doug Keene in The Jury Room

And they want you to stop abusing their Adverse Event Reporting System (FAERS). We’ve worked a number of cases recently where FDA warnings were used as evidence at trial and were very interested to see this article in the American Journal of Gastroenterology. And the answer to the skeptic’s question is “no”. No, we don’t […]

Related posts:
Should you ask your overweight female client to diet before trial?
Black? On trial in Florida? You don’t want an all-white jury!
Predic........ Read more »

Racine A, Cuerq A, Bijon A, Ricordeau P, Weill A, Allemand H, Chosidow O, Boutron-Ruault MC, & Carbonnel F. (2014) Isotretinoin and risk of inflammatory bowel disease: a French nationwide study. The American Journal of Gastroenterology, 109(4), 563-9. PMID: 24535094  

  • April 14, 2014
  • 07:02 AM
  • 64 views

A new neurolaw caveat to minimize punishment

by Doug Keene in The Jury Room

Just say his brain made him do it! That is the conclusion of new research on the relationship between gruesomeness of the crime and the harshness of the sentence. In case you can’t intuit this one, the more gruesome (and disturbing) the crime, the harsher the sentence tends to be. But if the assault was […]

Related posts:
Neurolaw Update: Who’s in charge here—me or my brain?
When identifying punishment—will jurors focus on intent or outcome?
Simple Jury Persuasion: Anger + Disgust........ Read more »

  • April 9, 2014
  • 07:02 AM
  • 62 views

Too trusting? You are likely also cursed with intelligence and good judgment!

by Doug Keene in The Jury Room

We often associate people who are especially trusting with gullibility, low self-esteem, and lower intellectual function. However, we seem to have it backwards according to new research (which successfully replicates the results of studies from 2010 and 2012).  Intelligent people are more likely to trust others while those lower in intelligence are less likely to […]

Related posts:
How ‘myside bias’ is related to your intelligence
“Just about always” and “Never” responses to ........ Read more »

  • April 4, 2014
  • 07:02 AM
  • 101 views

The better than average effect is even true in prison!

by Doug Keene in The Jury Room

You remember the better than average effect. It’s what makes us evaluate ourselves as better than others. I’m a better driver than the average driver. I’m a better swimmer than other non-competitive swimmers. Or even, I’m a better citizen than those who, unlike me, are not in prison. Yes. “I’m in jail. They are not. […]

Related posts:
Shooting the messenger: The intergroup sensitivity effect
Is it true that older jurors are more likely to convict?
The “hoodie effect̶........ Read more »

  • March 21, 2014
  • 07:02 AM
  • 114 views

Simple Jury Persuasion: Women can keep the vote after all…

by Doug Keene in The Jury Room

You may recall the story posted on CNN in late 2012 about how women vote differently based on hormonal fluctuations. Unfortunately, because of how our brains work (and our attraction to outrageous stories, true or not), you may not recall that CNN removed the story in 7 hours due to internet backlash over an article […]

Related posts:
Simple Jury Persuasion: Can walking to the jury room make jurors forget your evidence?
Simple Jury Persuasion: Channel James Earl Jones
Simple Jury Persuasi........ Read more »

  • March 12, 2014
  • 07:02 AM
  • 74 views

Do we want convicted felons to express guilt and shame, or no?

by Doug Keene in The Jury Room

Almost three years ago, we blogged about what we called the Scott Peterson Effect – citing a 2001 literature review of 45 years of research on remorse in capital murder defendants. Now, we have new article on the role of shame and guilt in predicting recidivism. To these researchers, the difference between shame and guilt is critical, […]

Related posts:
Should you want guilt-prone leaders for that jury?
Does priming influence behavior of even the “bad boys”?
Ask the judge for ........ Read more »

  • March 3, 2014
  • 07:02 AM
  • 138 views

Does cyber stalking really harm anyone?

by Doug Keene in The Jury Room

Most of us realize that real life stalking is a serious issue and very frightening to the victim, whether male or female and whether young or old. But what about cyber stalking? While research on real life stalking has grown over the past two decades, actual research on cyber stalking is sparse–despite ever-increasing depictions on […]

Related posts:
Are female stalkers less likely to be violent than male stalkers?
If your jurors are happy, will they blame the victim less?
Who cares........ Read more »

  • February 26, 2014
  • 07:02 AM
  • 157 views

If your client is Atheist or Muslim, do you want your Christian jurors to be Black or White?

by Doug Keene in The Jury Room

We’ve written a number of times about the role of non-belief or of strong religious beliefs on juries and juror decision-making. The majority of research, largely based on White participants, has shown repeatedly that for White Christians, if you are an non-believer (e.g., an Atheist or a Muslim), you will be looked on less favorably […]

Related posts:
You’re on trial: Is it better to be an atheist or a black radical Muslim lesbian?
Everyone knows you just can’t trust an atheist!
He........ Read more »

  • February 21, 2014
  • 07:02 AM
  • 157 views

Simple Jury Persuasion: The “tainted altruism effect”

by Doug Keene in The Jury Room

People will actually see you more positively when you raise no money for charity at all than they will when you raise $1,000,000 (but skim $100,000 for yourself). Even if you said you were going to keep 10% up front and the charity really did get the $900,000! When you benefit (in any way) from […]

Related posts:
Simple Jury Persuasion: Using counter-factual thinking to your advantage
Simple Jury Persuasion: Use pre-factual thinking to your advantage in litigation
Simple Jury Persuasion: ........ Read more »

  • February 17, 2014
  • 07:02 AM
  • 173 views

Your online avatar and your real-world behavior

by Doug Keene in The Jury Room

Last fall we wrote about how having a dark-skinned avatar in an immersive virtual reality experience can reduce your implicit bias against dark-skinned people. Now Illinois researchers show us that the avatar assigned in online gaming also influences behavior. How? If you are assigned to be a hero, you do good. If you are assigned […]

Related posts:
“Spend some time in my skin”
Real-life Sopranos: It’s isn’t the HBO show!
Should you try online jury research?


... Read more »

  • February 12, 2014
  • 07:02 AM
  • 144 views

The Sensitivity to Mean Intentions (SeMI) Model

by Doug Keene in The Jury Room

There are some research models whose names seem silly, or at least named for a Taylor Swift song. Oddly enough, there is a large body of research on those who are “habitually sensitive toward victimization” and it turns out they tend to be uncooperative and immoral in “socially uncertain situations”. Apparently, the suspicion and mistrust […]

Related posts:
Empathy: Paving the road to preferential treatment with good intentions
Shooting the messenger: The intergroup sensitivity ef........ Read more »

  • February 3, 2014
  • 07:02 AM
  • 161 views

Simple Jury Persuasion: The Red Sneakers Effect

by Doug Keene in The Jury Room

All those dress for success formulas apparently forgot something important. Nonconformity can be a good thing when thoughtfully applied. However, if observers think you are unaware that your behavior or attire is not conforming–then you’re just a weirdo. Harvard researchers call this the “red sneakers effect” and here’s how it works.  Many of us think […]

Related posts:
Simple Jury Persuasion: The innuendo effect
Simple Jury Persuasion: The “turban effect”
Simple Jury P........ Read more »

  • January 29, 2014
  • 07:02 AM
  • 167 views

Measuring psychopathy in the sexually violent predator (SVP)

by Doug Keene in The Jury Room

It’s hard to really feel sorry for the sexually violent predator who is up for parole. It’s even harder when their level of public dangerousness isn’t really known. We first saw this study over at Karen Franklin’s In the News blog and it makes a strong statement about the ineffectiveness of an often-used measure for […]

Related posts:
Is that psychopath going to be violent in the future?
The Islamophobia Scale: Measuring our fear of Muslims
Are female stalkers less likely to be vi........ Read more »

  • January 20, 2014
  • 07:02 AM
  • 186 views

I want to be special: The desires of the conservative and the liberal

by Doug Keene in The Jury Room

We’ve written before about the differences between liberals and conservatives. The article we feature today isn’t about moral issues, brain structure, or shopping preferences. It is instead about a basic need filled for some by Mr. Rogers: the deep-seated desire to be special.  Two studies were conducted. The first had 292 participants recruited via Mechanical […]

Related posts:
We have nothing to fear (unless we are conservative)
The evidence is mounting: The brains of liberals and ........ Read more »

Stern C, West TV, & Schmitt PG. (2014) The liberal illusion of uniqueness. Psychological Science, 25(1). PMID: 24247730  

  • January 15, 2014
  • 07:02 AM
  • 140 views

Simple Jury Persuasion: Anger Disgust = Moral Outrage

by Doug Keene in The Jury Room

We watch for facial expressions and verbal indications of moral outrage when doing pretrial research because it usually means the mock jurors have connected egregious conduct with strongly held beliefs. It is a connection that is nearly impossible to sever, and a development of critical interest to litigants. We’ve seen it when you would expect […]

Related posts:
Choosing to either disgust your jurors or tick them off
Is that quick decision a good indicator of your moral character?
What........ Read more »

  • January 10, 2014
  • 07:02 AM
  • 198 views

Declining stock values? You need to hire a “hot CEO”!

by Doug Keene in The Jury Room

Like Yahoo! did when they hired Marissa Mayer. At least one media outlet chose to illustrate their writeup of today’s study with Ms. Mayer. We’ve written before about law firm success but that seems to be tied not to the “hotness” of the managing partner but to their appearance of  competence. Ms. Mayer was loudly […]

Related posts:
Facial disfigurement is too disturbing, or why I won’t hire you
Proof we don’t hire the most qualified candidate!
“I feel pretty, oh so pretty!........ Read more »

Halford, Joseph, Taylor Hsu, & Scott H. C. (2013) Beauty is Wealth: CEO Appearance and Shareholder Value. SSRN Electronic Journal. DOI: 10.2139/ssrn.2357756  

  • December 18, 2013
  • 07:02 AM
  • 202 views

The Autocrat and the Role of Presiding Juror

by Doug Keene in The Jury Room

Recently, in a multi-panel mock trial, we held our breaths as a 60-something white male business man volunteered to be the presiding juror since he had a lot of experience leading groups. We had purposely loaded the group with only a single strong Plaintiff juror (and a second moderate Plaintiff supporter), knew the new presiding […]

Related posts:
Power, Penises and the Role of the Presiding Juror
Deliberations & the role of the presiding juror
This is what a good leader does not lo........ Read more »

  • December 13, 2013
  • 07:02 AM
  • 176 views

Dubbing, subtitling, transportation and the redundancy effect

by Doug Keene in The Jury Room

We have done a number of trials where either translators, video dubbing, or captions were used to assist witnesses for whom English was not a first language and, in one amusing instance, for a man whose Southern U.S. regional dialect was so thick that mock jurors wondered aloud if he was even speaking English. Oddly, […]

Related posts:
Shooting the messenger: The intergroup sensitivity effect
The “hoodie effect”: A domestic variant of the turban effect
The hypercorrection effe........ Read more »

  • December 9, 2013
  • 07:02 AM
  • 223 views

Millenials Revisited (Again): A happy life or a meaningful life?

by Doug Keene in The Jury Room

We believe the negative press on the Millennials (our 20-somethings and early 30-somethings) is simply what happens to all of our young people as they are judged (and found wanting) by older generations. And mostly we eventually grow up, mature, and become something different than we started out as–at least when viewed through the eyes […]

Related posts:
Generation X: Active, balanced and happy. Seriously?
If your jurors are happy, will they blame the victim less?
Is the Millennial ........ Read more »

Roy F. Baumeister, Kathleen D. Voh, Jennifer L. Aaker, & Emily N. Garbinsky. (2013) Some key differences between a happy life and a meaningful life. . The Journal of Positive Psychology, 8(6), 505-516. DOI: 10.2139/ssrn.2168436  

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