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Bill Cosby and Jury Bias: Can Jurors Recognize Their Own Biases?

Now more than ever, information is at our fingertips.  While the benefits of this are many, one potential downside has become apparent in the legal system.  The law assures defendants the right to an “impartial” jury.  However, the sheer amount of information available through the rapidly expanding use of technology means that jurors are increasingly […]

New Media’s Impact, Part III: Tweaking Your Graphics for the Modern Juror

Parts I and II of this series explained how and why jurors’ communication styles – and, accordingly, their responses to trial graphics – are changing with the influx of new media.  Now we’ll tell you what you can do about it. By sticking to the fundamentals and making tweaks with the modern juror in mind, […]

Commitment Effects: Does Asking Verdict Questions Early Commit Mock Jurors to a Position?

When we design a mock trial – where jurors are read instructions and deliberate to a verdict form – we concentrate on presenting the case facts, witnesses, and evidence in a way that will impact jurors’ story of the case similarly to a “real life” trial.  As such, we typically wait until after jurors hear […]

New Media’s Impact, Part II: Trial Graphic Foundations

Laying the Foundations of Your Trial Graphics In Part I, we told you how jurors are changing and the challenges these changes present. So let’s begin Part II with some examples of new media developments that help explain why jurors expect more from your visual presentations. Then, before we get ahead of ourselves, we’ll do […]

New Media’s Impact on Jurors (and How Your Trial Graphics Should Respond)

Your trial graphics do not live in a vacuum.  Their success is based solely on their effectiveness with the audience – your jurors.  Of course, no two jurors are exactly alike; their needs and wants are a moving target.  So how can our graphics possibly meet the communication expectations of every juror?  One valuable way […]

What’s on Employees’ Minds? Employee Rights, Pay, & Government Regulation

Most jurors are employed, either as contractors, employees, or self-employed.  What are their workplace concerns these days?  Do they feel protected?  Do they believe their pay is fair? Understanding how jurors’ employment needs and concerns have changed (or not changed) is critical in assessing the risks in your employment litigation.  Will jurors identify with the […]

What Analogies Can I Use to Explain My Case to a Jury?

When working on trial strategy with a client, it is almost inevitable that he or she will ask, “What analogy can I use to help the jury understand X?”  Then, the trial attorneys, in-house counsel, and anyone else in the room will begin tossing around various analogies – most of which sound like great ideas […]

A Millennial Could Be Your Next Jury Foreperson

Millennials – the generation born between roughly 1980 and 2000 – are showing up in large numbers to perform their civic duty.  In fact, this year alone we’ve had several trials in which the post-hardship jury pool was nearly 50% or more Millennial after hardships.  More importantly, in two very recent trials, a Millennial served […]

How Do I Get Jurors to Reveal Their Biases?

As we’ve discussed elsewhere, it is important to use voir dire as a tool for identifying your worst jurors while hiding you best jurors, and eliciting bias and obtaining cause challenges should be the primary objective.  In a previous blog, we offered techniques for cause sequencing, which is the series of questions that will lead […]

Maximizing Cause Strikes: How Do I Get Jurors to Say They Can’t be Fair?

As we’ve mentioned in previous posts, eliciting bias and obtaining cause challenges should be the primary objectives of voir dire. Each juror you are able to remove for cause is essentially equivalent to having an additional peremptory strike that your opponent does not. Indeed, a successful voir dire should tilt the playing field in your […]

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