Doug Keene

328 posts · 430,807 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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  • July 21, 2014
  • 08:02 AM

Should you do group brainstorming standing up or sitting down?

by Doug Keene in The Jury Room

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 […]

Related posts:
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:/

  • July 16, 2014
  • 08:02 AM

The Workplace Ostracism Scale: Making the subjective objective?

by Doug Keene in The Jury Room

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 […]

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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  

  • July 7, 2014
  • 08:02 AM

Measuring beliefs in the paranormal: The Australian Sheep Goat Scale

by Doug Keene in The Jury Room

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 […]

Related posts:
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:/

  • May 26, 2014
  • 08:02 AM

Simple Jury Persuasion: Modifying your clients visual identity for trial

by Doug Keene in The Jury Room

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 […]

Related posts:
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:/

  • May 16, 2014
  • 08:02 AM

Simple Jury Persuasion: Video evidence and screen size

by Doug Keene in The Jury Room

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 […]

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Simple Jury Persuasion: The weaker the evidence, the more precise you become
Simple Jury Persuasion: Anger + Disgust = Moral Ou........ Read more »

  • May 12, 2014
  • 08:02 AM

I’ll show you who’s boss: The Spitefulness Scale

by Doug Keene in The Jury Room

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 […]

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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  

  • April 23, 2014
  • 08:02 AM

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
  • 08:02 AM

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
  • 08:02 AM

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
  • 08:02 AM

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 […]

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

  • April 4, 2014
  • 08:02 AM

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
  • 08:02 AM

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
  • 08:02 AM

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
  • 08:02 AM

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
  • 08:02 AM

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
  • 08:02 AM

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 […]

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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
  • 08:02 AM

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 […]

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“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
  • 08:02 AM

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
  • 08:02 AM

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
  • 08:02 AM

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 »

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