Litigants are typically interested in learning about a prospective juror’s political orientation during the jury selection process. This line of thinking is that if one’s general political leaning is deduced then other specific litigation-related attitudes become apparent that reveal insights into how a juror will render a verdict. For example, aren’t Republicans typically tougher on […]

Now that the new”Bull” series has several weeks under its belt many people have asked me how much the show resembles what actual trial consultants do. It reminded me of a wonderful piece a highly admired trial consultant wrote a few months ago. I am speaking of Dr. Ken Broda-Bahm, who agreed to be my […]

Do you ever wonder how two people can have completely different reactions to the same statement made by a political candidate? In Social Psychology there is a phenomenon called confirmation bias. Confirmation bias is the tendency to seek out information in a way that confirms one’s preexisting beliefs. This bias suggests that minimal psychological energy […]

Defense attorneys representing Russell Brown III, who is charged with killing a Virginia State Police Trooper 3 years ago, tried to push his trial to a later date arguing the charged atmosphere surrounding the killings of 5 Dallas Police Officers was too hostile for their client to get a fair trial. The Judge did not […]

I am often asked whether jurors keep an open mind throughout the course of an entire trial or if they make up their minds at an early juncture and stick with their viewpoint. I wrote an article in For the Defense titled, “A Study in Juror Psychology: Making Up Minds Early,” where I addressed such […]

Most of the time when celebrities are on trial they try and connect with the jury by conveying the sense that they, the celebrity, are a lot like regular ordinary folks. In criminal cases, well-known defendants want their star power to shine but not so brightly that it looks as if they are purposefully using […]

Alan Tuerkheimer ‘Making a Murderer’ is the popular web television series exploring the story of Steven Avery who served 18 years in prison for sexual assault before being exonerated in 2003. Shortly after his release, he was arrested in connection with the murder of a local photographer and convicted in 2007, despite proclaiming his innocence. […]

Defendants are often advised not to take the stand because they can be cross-examined by a professional whose job it is to make them look guilty. Under the Fifth Amendment, the defendant has an absolute right not to testify at trial, just as he or she has a right to give evidence on his or […]