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The most important thing in jury selection is to identify jurors who will decide against your client even before any evidence or very little evidence is presented. The type of juror in this category is usually not shy about expressing their views of insidious corporations prioritizing profit, for example, or greedy plaintiff lawyers clogging up […]
As a witness, being cross examined can be daunting. Many of the key points previously made during direct testimony elicited by a familiar lawyer are suddenly being picked apart by opposing counsel. Maybe the lawyer on cross is trying to cast doubt about the motivations of the testifying witness. One of the most common approaches […]
Over the years, mock jurors and courtroom jurors have been asked what they generally think of contemporary damage awards by juries. Sometimes they are given forced-choice options, which typically include “too high,” “too low” or “about right.” Given some nuclear verdicts in the past, along with renowned cases ending up with a high damage award […]
Trial Methods set out to take the pulse of the public by collecting data online from 206 jury-eligible people from 15 counties across the country. These counties were selected because they represent a range of geographically, demographically and politically diverse subsets of the population. This annual survey has been conducted since 2017. Direction of […]
Since I started monitoring jury deliberations 25 years ago, I must confess that when the discussion centers on damage awards it is usually a fascinating one. Do jurors go around the room and take an average as a starting point? Do they seek consensus based on guidance from the lawyers? Do they arrive at a […]
Do juries act differently depending on the racial makeup of those comprising it? Observationally, yes. I was also interested in looking into the literature to see what studies have been done to add some scientific might to my experience-based perspectives on the topic. About a decade ago, the social psychologist Samuel Sommers conducted a series […]
Juries in the midst of election season After reading an article by my esteemed colleague Clint Townson (Litigation, Volume 50, Number 4, Summer 2024), and seeing his conclusions play out in mock jury deliberations as well as hearing about what has gone on in actual juries recently, it seems that it is a unique time […]
Four years have passed since the 2020 election and prior to picking a jury I am still asked what it means if someone supported Joe Biden or Donald Trump. I usually say it depends on the case. In June, Trial Methods conducted a survey and questioned 430 jury-eligible people across the country about their attitudes […]
Jury Trials In 2024 As courthouses across the country continue to face backlogs of cases, Trial Methods set out to take the pulse of the public by collecting data online from 430 jury-eligible people from 15 counties across the country. These counties were selected because they represent a range of geographically, demographically and politically diverse […]
With Michael Cohen, Donald Trump’s former fixer taking the stand as a prosecution witness, many factors come in to play for the jury assessing his credibility. Mr. Cohen is not in any way a typical lawyer and this case is entirely unprecedented. A unique characteristic of Mr. Cohen is he has lied a lot in […]