Doug Keene

220 posts · 171,832 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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  • September 29, 2014
  • 07:02 AM
  • 74 views

Simple Jury Persuasion: Should you consider 3-D for your courtroom videos?

by Doug Keene in The Jury Room

Evidence admissibility issues aside, the answer is, “only if you can do it as well as they did in the 3D movie Polar Express”. As it turns out, 3D isn’t that much more impactful than 2D unless it’s done really, really well. Psychologists and neuroscientists studying emotion often use film clips for their research. So […]

Related posts:
Simple Jury Persuasion: When videos are too persuasive…
Simple Jury Persuasion: Be Powerful in the Courtroom
Simple Jury Persuasion: Is tha........ Read more »

Bride DL, Crowell SE, Baucom BR, Kaufman EA, O'Connor CG, Skidmore CR, & Yaptangco M. (2014) Testing the Effectiveness of 3D Film for Laboratory-Based Studies of Emotion. PLoS ONE, 9(8). PMID: 25170878  

  • September 24, 2014
  • 07:02 AM
  • 144 views

Unfaithful partner? Would you rather be seen as mature– or as competent and strong?

by Doug Keene in The Jury Room

According to new research, you can’t have both. Inspired by women who told them they “would not vote for Hillary Clinton [in the Presidential primaries a decade later] because she forgave then-President Bill Clinton’s infidelity”, these researchers looked at how male and female observers viewed male and female victims of infidelity based on how they […]

Related posts:
How leaders look: Competent and trustworthy, but not dominant
Is it best to be competent, warm, or moral?
You wa........ Read more »

  • September 15, 2014
  • 07:02 AM
  • 71 views

“Smart people ask for (my) advice!”

by Doug Keene in The Jury Room

We are often wary of asking for advice for fear of looking dumb or appearing incompetent. Oddly enough, our fears may be unfounded based on some new research out of Harvard Business School. According to the researchers, asking for advice does not make you appear either dumb or incompetent. Instead, asking for advice makes you […]

Related posts:
News Flash: Gay people are different than straight people
Name that gadget, widget, or otherwise smart device!
When you wear glasses you are les........ Read more »

Brooks, AW, Gino, F, & Schweitzer, ME. (2014) Smart people ask for (my) advice: Seeking advice boosts perceptions of competence. . Harvard Business School Working Papers. info:/

  • September 1, 2014
  • 07:02 AM
  • 107 views

Simple Jury Persuasion: “The defendant is just an animal!” 

by Doug Keene in The Jury Room

Here’s a pretty simple way for Prosecutors to motivate jurors to lock up a Defendant and throw away the key. It’s all about language. There are words you can use to evoke a more negative (animalistic) sense of the Defendant and there are words that, while still describing egregious behavior, are more neutrally descriptive. The […]

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Simple Jury Persuasion: Activate the ‘intuitive prosecutor’
Simple Jury Persuasion: Decreasing victim condemnation in sexual harassment ........ Read more »

Vasquez, EA, Loughnan, S, Gootjes-Dreesbach, E, & Weger, U. (2014) The animal in you: Animalistic descriptions of a violent crime increase punishment of perpetrator. . Aggressive Behavior, 337-344. info:/

  • August 27, 2014
  • 07:02 AM
  • 249 views

Just how diverse is this group, really?

by Doug Keene in The Jury Room

We often make assumptions when discussing diversity that we all perceive a group’s diversity in the same way. Today’s research shows that simply isn’t so. That is, you and I (depending on our racial in-group) can look at the same group and you might say it is diverse while I say it is not. What […]

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Improving working relationships in your ethnically diverse jury
Religion, ethnicity and Asian-American’s voting patterns
Proof we don’t hire the most qualified candid........ Read more »

  • August 22, 2014
  • 07:02 AM
  • 158 views

RIP Demographics? Well, probably not…

by Doug Keene in The Jury Room

We’ve just published a new article in The Jury Expert that “should” signal the death of the simplistic use of demographics in voir dire and jury selection. Will it? Not likely. Partly this is the fault of courts that are becoming increasingly restrictive of time and the scope of questions posed to jurors. If litigants cannot ask substantive […]

Related posts:
The evidence is mounting: The brains of liberals and conservatives differ
Latest Edition of the Jury Expert
What’s a m........ Read more »

Douglas L. Keene, & Rita R. Handrich. (2014) Demographic Roulette: What Was Once a Bad Idea Has Gotten Worse. The Jury Expert, 26(3.). info:/

  • August 18, 2014
  • 07:02 AM
  • 119 views

Simple Jury Persuasion: When videos are too persuasive…

by Doug Keene in The Jury Room

It’s hard to know why research that is a almost a decade old is seen as fodder for a recent Op-Ed in the New York Times, but so it goes. Jennifer Mnookin, a law professor at UCLA, certainly has an impressive resumé, and it is likely most readers of the NYT are not familiar with […]

Related posts:
Simple Jury Persuasion: When a Picture Can Sink Your Case
Simple Jury Persuasion: Being “right” versus being persuasive
Simple Jury Persuasion: Make Your Expert Optimally Persuasive


... Read more »

  • August 13, 2014
  • 07:02 AM
  • 134 views

“I see my patients as less than fully human”

by Doug Keene in The Jury Room

Here’s an intriguing article on how some nurses cope with stress. If you think, based on the title of this post, they do it by dehumanizing their patients, you would be correct. Somehow we think this is not a good thing to admit on the witness stand, but it is an understandable and human reaction […]

Related posts:
I see diversity, you see divisiveness
The new issue of The Jury Expert is available now!
When you expect a gorilla you often miss other unexpected things


... Read more »

Trifiletti, E, Di Bernardo, GA, Falvo, R, & Capozza, D. (2014) Patients are not fully human: a nurse’s coping response to stress. . Journal of Applied Social Psychology. . info:/

  • August 8, 2014
  • 07:02 AM
  • 173 views

Do you believe there are Angels and Demons among us?

by Doug Keene in The Jury Room

The American Bar Association is seeking nominations until August 8, 2014 [THAT's TODAY!] to help it decide on the Top 100 law blogs (“Blawgs”). We have been in the ABA Top 100 for the past 4 years and would like to make it 5! If you like this blog, please nominate us (it’s fast and free) […]

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Keep your eye on this one: A Depravity Scale
The Islamophobia Scale: Measuring our fear of Muslims
Cathedrals, civic buildings and your tolerance for ambiguity


... Read more »

  • August 4, 2014
  • 07:02 AM
  • 218 views

“Everyday liars” and “Prolific liars”

by Doug Keene in The Jury Room

The American Bar Association is seeking nominations until August 8, 2014 to help it decide on the Top 100 law blogs (“Blawgs”). We have been in the ABA Top 100 for the past 4 years and would like to make it 5! If you like this blog, please nominate us (it’s fast and free) here. THANKS! […]

Related posts:
Do great liars know how to tell if you’re lying to them? (Yes, they do!)
Outsmarting liars (five decades of research)
We know liars when we see ‘em


... Read more »

  • July 30, 2014
  • 07:02 AM
  • 145 views

We agree and thus, I am certain we shall prevail

by Doug Keene in The Jury Room

The American Bar Association is seeking nominations until August 8, 2014 to help it decide on the Top 100 law blogs (“Blawgs”). We have been in the ABA Top 100 for the past 4 years and would like to make it 5! If you like this blog, please nominate us (it’s fast and free) here. THANKS! […]

Related posts:
“Reactions vary along traditional partisan lines”
I want to be special: The desires of the conservative and the liberal
Politics and prejudice? Nope. It’s about........ Read more »

  • July 25, 2014
  • 07:02 AM
  • 156 views

Teaching people about neuroscience can make them softer on crime!

by Doug Keene in The Jury Room

The American Bar Association is seeking nominations until August 8, 2014 to help it decide on the Top 100 law blogs (“Blawgs”). We have been in the ABA Top 100 for the past 4 years and would like to make it 5! If you like this blog, please nominate us (it’s fast and free) here. […]

Related posts:
A new issue of The Jury Expert!
Who cares? The crime victim was old anyway!
“I punish you because you harmed him!”


... Read more »

Shariff AF, Greene JD, Karremans JC, Luguri JB, Clark CJ, Schooler JW, Baumeister RF, & Vohs KD. (2014) Free Will and Punishment: A Mechanistic View of Human Nature Reduces Retribution. Psychological science. PMID: 24916083  

  • July 21, 2014
  • 07:02 AM
  • 156 views

Should you do group brainstorming standing up or sitting down?

by Doug Keene in The Jury Room

The American Bar Association is seeking nominations until August 8, 2014 to help it decide on the Top 100 law blogs (“Blawgs”). We have been in the ABA Top 100 for the past 4 years and would like to make it 5! If you like this blog, please nominate us (it’s fast and free) here. THANKS! Doug and […]

Related posts:
When in-group rebels have a cause…
The latest issue of The Jury Expert is a total classic!
“It was ‘a man’s work’ and I just didn’t like working wi........ Read more »

Knight, AP, & Baer, M. (2014) Get up, Stand up: The effects of a non-sedentary workspace on information elaboration and group performance. . Social Psychological and Personality Science. . info:/

  • July 16, 2014
  • 07:02 AM
  • 176 views

The Workplace Ostracism Scale: Making the subjective objective?

by Doug Keene in The Jury Room

It’s always tough to measure something that seems very subjective. Like ostracism. Are you being ostracized (excluded, left out, or shunned) or are you just way too sensitive? Intrepid researchers have pushed forward though and brought us the Workplace Ostracism Scale. Ostracism is very much like incivility which is seen as very hard to objectively […]

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Fat bias in the workplace
Would you rather be harassed or ostracized at work?
Who benefits from racism in the workplace........ Read more »

Ferris DL, Brown DJ, Berry JW, & Lian H. (2008) The development and validation of the Workplace Ostracism Scale. The Journal of Applied Psychology, 93(6), 1348-66. PMID: 19025252  

  • July 7, 2014
  • 07:02 AM
  • 133 views

Measuring beliefs in the paranormal: The Australian Sheep Goat Scale

by Doug Keene in The Jury Room

Seriously. Sheep are believers and goats are doubters. In the paranormal, that is. The Australian Sheep Goat Scale is not a measure we’d ever heard of prior to writing about skepticism as a narrative tool in convincing others of a paranormal event. Perhaps it never really caught on. But we knew you would want to […]

Related posts:
The Islamophobia Scale: Measuring our fear of Muslims
Brainpower, Beliefs and Racial Bias: Is this smart research?
I’ll show you who’s boss: ........ Read more »

Thalbourne, MA, & Delin, PS. (1993) A new instrument for measuring the sheep-goat variable: Its psychometric properties and factor structure. . Journal of the Society for Psychical Research, 172-186. info:/

  • May 26, 2014
  • 07:02 AM
  • 188 views

Simple Jury Persuasion: Modifying your clients visual identity for trial

by Doug Keene in The Jury Room

We’ve written before about visual identity (in the context of covering inflammatory tattoos with makeup for trial) and want to point you to an article in the new issue of The Jury Expert. Bronwen Lichtenstein and Stanley Brodsky (neither of whom are depicted in the image for this post) have an article titled Moving From […]

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Simple Jury Persuasion: The ‘Scott Peterson Effect’—Displayed remorse and conviction
Simple Jury Persuasion: Using the ‘Nerd Defense’
Simp........ Read more »

Lichtenstein, B, & Brodsky SL. (2014) Moving from hapless to hapful with the problem defendant. . The Jury Expert, 26(2). info:/

  • May 16, 2014
  • 07:02 AM
  • 193 views

Simple Jury Persuasion: Video evidence and screen size

by Doug Keene in The Jury Room

Is bigger better (hey, hey!–we’re talking about video monitors!)? We now have definitive evidence saying it all depends on your ultimate goal. According to this research, what your jurors see in the courtroom is going to affect their decisions during deliberations. While this is hardly news, the level of detail on how video screen size […]

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Simple Jury Persuasion: The weaker the evidence, the more precise you become
Simple Jury Persuasion: Anger + Disgust = Moral Ou........ Read more »

  • May 12, 2014
  • 07:02 AM
  • 244 views

I’ll show you who’s boss: The Spitefulness Scale

by Doug Keene in The Jury Room

We’ve been down this road before and brought you the Depravity Scale, the Comprehensive Assessment of Sadistic Tendencies Scale, the Guilt and Shame Proneness Scale and the Islamophobia Scale. Now however, it’s time for a check on how spiteful you are. We all know spite when we see it. Dawdling in their parking space because […]

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The CAST Scale: A comprehensive assessment of sadistic tendencies
The Islamophobia Scale: Measuring our fear of Muslims
The GASP scal........ Read more »

Marcus DK, Zeigler-Hill V, Mercer SH, & Norris AL. (2014) The Psychology of Spite and the Measurement of Spitefulness. Psychological Assessment. PMID: 24548150  

  • April 23, 2014
  • 07:02 AM
  • 316 views

How can I convince them this wasn’t racist? Just keep talking…

by Doug Keene in The Jury Room

We just can’t keep up with all the research on racism. So today, instead of a single article, we’re going to cite 3 of them! They are all disturbing examples that racism is alive, well, and measurable.  Was s/he a good professor? We’ve all sat through disorganized and incoherent lectures at some point in our […]

Related posts:
“I’ve got proof I’m open-minded!”: Inventing racist roads not taken
“I guess what he said wasn’t that bad”
Racist roads not taken and prejudice........ Read more »

Reid, L., & Birchard, K. (2010) The People Doth Protest Too Much: Explaining Away Subtle Racism. Journal of Language and Social Psychology, 29(4), 478-490. DOI: 10.1177/0261927X10377993  

Terbeck S, Kahane G, McTavish S, Savulescu J, Cowen PJ, & Hewstone M. (2012) Propranolol reduces implicit negative racial bias. Psychopharmacology, 222(3), 419-24. PMID: 22371301  

  • April 18, 2014
  • 07:02 AM
  • 332 views

Hey, trial lawyers! The FDA is watching you!

by Doug Keene in The Jury Room

And they want you to stop abusing their Adverse Event Reporting System (FAERS). We’ve worked a number of cases recently where FDA warnings were used as evidence at trial and were very interested to see this article in the American Journal of Gastroenterology. And the answer to the skeptic’s question is “no”. No, we don’t […]

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Should you ask your overweight female client to diet before trial?
Black? On trial in Florida? You don’t want an all-white jury!
Predic........ Read more »

Racine A, Cuerq A, Bijon A, Ricordeau P, Weill A, Allemand H, Chosidow O, Boutron-Ruault MC, & Carbonnel F. (2014) Isotretinoin and risk of inflammatory bowel disease: a French nationwide study. The American Journal of Gastroenterology, 109(4), 563-9. PMID: 24535094  

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