Doug Keene

328 posts · 432,049 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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  • December 17, 2010
  • 08:07 AM

Simple Jury Persuasion: Use Christian religious concepts to increase racial prejudice

by Doug Keene in The Jury Room

We’ve written a lot about racial biases in the courtroom.  As regular readers of this blog know, we look for ways to mitigate the impact of racial biases. We believe in social justice. We also know (although we don’t like it much) that there are times when in the interests of advocacy, it is important [...]

Related posts:Simple Jury Persuasion: When to talk about racial bias and when to stay quiet
Simple Jury Persuasion: Countering jury decision-making biases
Simple Jury Persuasion: You l........ Read more »

Johnson, MK, Rowatt, WC, & LaBouff, J. (2010) Priming Christian religious concepts increases racial prejudice. Social Psychological and Personality Science, 1(2). info:/

  • December 13, 2010
  • 07:07 AM

When cross-examination [of the expert witness] offends

by Doug Keene in The Jury Room

Your witnesses can make your case. They can also make your case a dog.  I was called several months ago to do witness preparation for trial on a commercial case that was, before our key witnesses flamed out in deposition, viewed as a mid-7 figure case.  After a dismal deposition performance, the plaintiff attorneys that [...]

Related posts:Overdoing it: Is there such a thing as too little anxiety in your witness?
“I didn’t know truth had a gender”
Tattoos: When should you clean up your........ Read more »

  • December 3, 2010
  • 07:07 AM

Simple Jury Persuasion: Using attraction to your advantage

by Doug Keene in The Jury Room

Most of us are familiar with the old research saying attractive people get more, well, everything! And in a world that changes at dizzying speed, rest assured that this one remains as true as ever. A new study shows that we do judge a book by its cover “but a beautiful cover prompts a closer [...]

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

Ruffle, Bradley J., & Shtudiner, Ze'ev. (2010) Are Good-Looking People More Employable?. SSRN. info:/

  • November 24, 2010
  • 09:02 AM

Maybe it really is better to apologize than to ask permission…

by Doug Keene in The Jury Room

While we cannot all apologize as well as David Letterman, the importance of a good apology cannot be over-emphasized in the process of moving on from prior bad acts. We’ve written about apology in the context of litigation advocacy a number of times on this blog.  But now, two researchers have almost simultaneously come up with [...]

Related posts:Got morals?
“Aggression genes”, Asperger’s and Absolution (for criminal acts)
The Jury Expert for May 2010 is uploaded
... Read more »

Allen, R.J., & Laudan, L. (2010) The Devastating Impact of Prior Crimes Evidence – And Other Myths of the Criminal Justice Process. SSRN. info:/

  • November 19, 2010
  • 09:14 AM

Simple Jury Persusasion: Make them sad and they can’t be mad

by Doug Keene in The Jury Room

An accepted truism is that a sad jury awards lower damages from a disempowered sense of hopelessness, and an angry jury awards higher to ‘send a message’. It is never good for the plaintiff when a case concludes with sad and hopeless jurors heading off to deliberate. You end up with “It’s horrible but it’s [...]

Related posts:Simple Jury Persuasion: Winning Minds and Touching Hearts
Simple Jury Persuasion: Make an emotional connection with your jury
Simple Jury Persuasion: When ........ Read more »

  • November 5, 2010
  • 09:20 AM

Simple Jury Persuasion: Be Powerful in the Courtroom

by Doug Keene in The Jury Room

Much has been written about the “power suit” or the “power tie”. And we’ve written here about the power of wearing red for women and for men too!  So now you know how to dress. And yes, of course, there’s more. While you are power-suited up—you may also want to “strike a pose”.  Yup. Researchers [...]

Related posts:Simple Jury Persuasion: Got charisma?
Simple Jury Persuasion: The dark side of psychological closeness
Simple Jury Persuasion: Don’t confuse argument with........ Read more »

Carney DR, Cuddy AJ, & Yap AJ. (2010) Power posing: brief nonverbal displays affect neuroendocrine levels and risk tolerance. Psychological science : a journal of the American Psychological Society / APS, 21(10), 1363-8. PMID: 20855902  

  • November 1, 2010
  • 09:20 AM

Politics, Corruption and Pornography

by Doug Keene in The Jury Room

From the world of politics come lessons for those of us who cannot believe how facts seem to make no difference for mock jurors and for real jurors who share their thoughts in post-verdict interviews. It isn’t just them. It’s all of us. Take for example, the Republican Party’s claims of political corruption in North [...]

Related posts:Is racial bias fueling anti-Obama rhetoric?
Lighter Skin, More Like Me
“Reactions vary along traditional partisan lines”
... Read more »

Markey, P., & Markey, C. (2010) Changes in pornography-seeking behaviors following political elections: an examination of the challenge hypothesis. Evolution and Human Behavior, 31(6), 442-446. info:/

  • October 18, 2010
  • 09:23 AM

Outsmarting your biases & helping jurors outsmart theirs too

by Doug Keene in The Jury Room

Emily Pronin is a Psychology professor at Princeton. She studies how we tend to see ourselves as different than others and how that leads us to judge ourselves as better than others to our own detriment. Recently, Dr. Pronin did a brief interview with the Washington Post on how our self-awareness blind spots lead us [...]

Related posts:Simple Jury Persuasion: Countering jury decision-making biases

When identifying punishment—will jurors focus on intent or outcome?

A pinch of this and a ........ Read more »

Mandel, G. (2005) Unaware of Our Unawareness. Science. info:/

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