209 posts · 157,656 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 American Bar Association is seeking nominations until August 8, 2014 to help it decide on the Top 100 law blogs (“Blawgs”). We have been in the ABA Top 100 for the past 4 years and would like to make it 5! If you like this blog, please nominate us (it’s fast and free) here. […]
A new issue of The Jury Expert!
Who cares? The crime victim was old anyway!
“I punish you because you harmed him!”
... Read more »
Shariff AF, Greene JD, Karremans JC, Luguri JB, Clark CJ, Schooler JW, Baumeister RF, & Vohs KD. (2014) Free Will and Punishment: A Mechanistic View of Human Nature Reduces Retribution. Psychological science. PMID: 24916083
The American Bar Association is seeking nominations until August 8, 2014 to help it decide on the Top 100 law blogs (“Blawgs”). We have been in the ABA Top 100 for the past 4 years and would like to make it 5! If you like this blog, please nominate us (it’s fast and free) here. THANKS! Doug and […]
When in-group rebels have a cause…
The latest issue of The Jury Expert is a total classic!
“It was ‘a man’s work’ and I just didn’t like working wi........ Read more »
Knight, AP, & Baer, M. (2014) Get up, Stand up: The effects of a non-sedentary workspace on information elaboration and group performance. . Social Psychological and Personality Science. . info:/
It’s always tough to measure something that seems very subjective. Like ostracism. Are you being ostracized (excluded, left out, or shunned) or are you just way too sensitive? Intrepid researchers have pushed forward though and brought us the Workplace Ostracism Scale. Ostracism is very much like incivility which is seen as very hard to objectively […]
Fat bias in the workplace
Would you rather be harassed or ostracized at work?
Who benefits from racism in the workplace........ Read more »
Ferris DL, Brown DJ, Berry JW, & Lian H. (2008) The development and validation of the Workplace Ostracism Scale. The Journal of Applied Psychology, 93(6), 1348-66. PMID: 19025252
Seriously. Sheep are believers and goats are doubters. In the paranormal, that is. The Australian Sheep Goat Scale is not a measure we’d ever heard of prior to writing about skepticism as a narrative tool in convincing others of a paranormal event. Perhaps it never really caught on. But we knew you would want to […]
The Islamophobia Scale: Measuring our fear of Muslims
￼Brainpower, Beliefs and Racial Bias: Is this smart research?
I’ll show you who’s boss: ........ Read more »
Thalbourne, MA, & Delin, PS. (1993) A new instrument for measuring the sheep-goat variable: Its psychometric properties and factor structure. . Journal of the Society for Psychical Research, 172-186. info:/
We’ve written before about visual identity (in the context of covering inflammatory tattoos with makeup for trial) and want to point you to an article in the new issue of The Jury Expert. Bronwen Lichtenstein and Stanley Brodsky (neither of whom are depicted in the image for this post) have an article titled Moving From […]
Simple Jury Persuasion: The ‘Scott Peterson Effect’—Displayed remorse and conviction
Simple Jury Persuasion: Using the ‘Nerd Defense’
Simp........ Read more »
Lichtenstein, B, & Brodsky SL. (2014) Moving from hapless to hapful with the problem defendant. . The Jury Expert, 26(2). info:/
Is bigger better (hey, hey!–we’re talking about video monitors!)? We now have definitive evidence saying it all depends on your ultimate goal. According to this research, what your jurors see in the courtroom is going to affect their decisions during deliberations. While this is hardly news, the level of detail on how video screen size […]
Simple Jury Persuasion: The weaker the evidence, the more precise you become
Simple Jury Persuasion: Anger + Disgust = Moral Ou........ Read more »
Heath WP, & Grannemann BD. (2014) How Video Image Size Interacts with Evidence Strength, Defendant Emotion, and the Defendant-Victim Relationship to Alter Perceptions of the Defendant. Behavioral Sciences . PMID: 24715347
We’ve been down this road before and brought you the Depravity Scale, the Comprehensive Assessment of Sadistic Tendencies Scale, the Guilt and Shame Proneness Scale and the Islamophobia Scale. Now however, it’s time for a check on how spiteful you are. We all know spite when we see it. Dawdling in their parking space because […]
The CAST Scale: A comprehensive assessment of sadistic tendencies
The Islamophobia Scale: Measuring our fear of Muslims
The GASP scal........ Read more »
Marcus DK, Zeigler-Hill V, Mercer SH, & Norris AL. (2014) The Psychology of Spite and the Measurement of Spitefulness. Psychological Assessment. PMID: 24548150
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 […]
“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
Reid, L. (2010) The role of perceived race and gender in the evaluation of college teaching on RateMyProfessors.Com. Journal of Diversity in Higher Education, 3(3), 137-152. DOI: 10.1037/a0019865
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 […]
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 »
Tenner S. (2014) Editorial: Isotretinoin and inflammatory bowel disease: trial lawyer misuse of science and FDA warnings. The American Journal of Gastroenterology, 109(4), 570-1. PMID: 24698863
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
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 […]
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 »
Capestany BH, & Harris LT. (2014) Disgust and biological descriptions bias logical reasoning during legal decision-making. Social Neuroscience, 9(3), 265-277. PMID: 24571553
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 […]
How ‘myside bias’ is related to your intelligence
“Just about always” and “Never” responses to ........ Read more »
Carl N, & Billari FC. (2014) Generalized trust and intelligence in the United States. PLoS ONE, 9(3). PMID: 24619035
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. […]
Shooting the messenger: The intergroup sensitivity effect
Is it true that older jurors are more likely to convict?
The “hoodie effect̶........ Read more »
Sedikides C, Meek R, Alicke MD, & Taylor S. (2014) Behind bars but above the bar: Prisoners consider themselves more prosocial than non-prisoners. The British Journal of Social Psychology. PMID: 24359153
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 […]
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 »
Harris, C., & Mickes, L. (2014) Women Can Keep the Vote: No Evidence That Hormonal Changes During the Menstrual Cycle Impact Political and Religious Beliefs. Psychological Science. DOI: 10.1177/0956797613520236
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, […]
Should you want guilt-prone leaders for that jury?
Does priming influence behavior of even the “bad boys”?
Ask the judge for ........ Read more »
Tangney JP, Stuewig J, & Martinez AG. (2014) Two Faces of Shame: The Roles of Shame and Guilt in Predicting Recidivism. Psychological Science. PMID: 24395738
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 […]
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 »
Dreßing, H., Bailer, J., Anders, A., Wagner, H., & Gallas, C. (2014) Cyberstalking in a Large Sample of Social Network Users: Prevalence, Characteristics, and Impact Upon Victims. Cyberpsychology, Behavior, and Social Networking, 17(2), 61-67. DOI: 10.1089/cyber.2012.0231
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 […]
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 »
Van Camp, D., Sloan, LR, & ElBassiouny, A. (2014) Religious bias among religiously conscious Black Christians in the United States. . The Journal of Social Psychology. DOI: 10.1080/00224545.2013.835708
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 […]
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 »
Newman GE, & Cain DM. (2014) Tainted Altruism: When Doing Some Good Is Evaluated as Worse Than Doing No Good at All. Psychological Science. PMID: 24403396
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 […]
“Spend some time in my skin”
Real-life Sopranos: It’s isn’t the HBO show!
Should you try online jury research?
... Read more »
Yoon G, & Vargas PT. (2014) Know Thy Avatar: The Unintended Effect of Virtual-Self Representation on Behavior. Psychological Science. PMID: 24501111
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 […]
Empathy: Paving the road to preferential treatment with good intentions
Shooting the messenger: The intergroup sensitivity ef........ Read more »
Gollwitzer, M., Rothmund, T., & Süssenbach, P. (2013) The sensitivity to mean intentions (SeMI) model: Basic assumptions, recent findings, and potential avenues for future research. Social and Personality Psychology Compass, 415-426. DOI: 10.1111/spc3.12041
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 […]
Simple Jury Persuasion: The innuendo effect
Simple Jury Persuasion: The “turban effect”
Simple Jury P........ Read more »
Bellezza, S., Gino, F., & Keinan, A. (2013) The red sneakers effect: Inferring status and competence from signals of nonconformity. Journal of Consumer Research. . DOI: 10.1086/674870
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