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 […]

There will be some “letter of the rule” jurors versus “spirit of the rule” jurors. Some will think that Freddie Gray should have been buckled into a seatbelt per Baltimore Police Order and that right there is enough inaction to find wrongdoing. Others will say it wasn’t practical and virtually no suspects were buckled in, […]

Several people have asked me what effect if any, the San Bernardino shooting, along with other mass shootings with the haunting backdrop of terrorist threats, will have on jury decision making. Such questions assume that people are living in fear yet again and are being forced to consider (even subconsciously) their own mortality more than […]

In trial, witnesses are the ones who are there to tell the story, so here are 10 tips to keep in mind when prepping a witness for testimony: Tell the truth Take your time and remain calm. If opposing counsel gets agitated it means you are doing well. Listen carefully to the question. Answer only […]

It is always interesting when politicians are charged criminally. Of note, perceptions of politicians are on par with perceptions of lawyers: not very high. Remember Michael Grimm from New York’s 13th congressional district who threatened to throw a reporter off the Capitol Rotunda? He was since charged by federal authorities with 20 counts of fraud, […]

One of the first things that often goes through someone’s mind when they are summoned for jury duty is “how do I get out of this?” The time commitment, money lost or not earned, and a generalized lack of interest are the main reasons for such an initial reaction. However, what I have found over […]

There seems to be a consensus that if James Holmes, the Colorado shooter, is sentenced to death it will be a long long time before he is actually executed. This perception overlooks exactly what it is that results in the long periods between sentence and execution in death penalty cases. I realize there are some […]

As the Colorado theater shooting trial comes to a close, all eyes will be on the jury as it sets out to determine whether James Holmes was legally sane three years ago when he set off tear gas grenades and shot into the audience with multiple firearms killing 12 people and injuring 70 others. The […]

Two ex-football players were convicted of multiple counts of aggravated rape and sexual battery after a jury took just 2 hours to reach a verdict. During Q&A with some jurors after the verdict, it became apparent that video of the actual incident was pivotal. One juror said “as soon as we saw the video we […]