195 posts · 139,324 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
Most of us realize that real life stalking is a serious issue and very frightening to the victim, whether male or female and whether young or old. But what about cyber stalking? While research on real life stalking has grown over the past two decades, actual research on cyber stalking is sparse–despite ever-increasing depictions on […]
Are female stalkers less likely to be violent than male stalkers?
If your jurors are happy, will they blame the victim less?
Who cares........ Read more »
Dreßing, H., Bailer, J., Anders, A., Wagner, H., & Gallas, C. (2014) Cyberstalking in a Large Sample of Social Network Users: Prevalence, Characteristics, and Impact Upon Victims. Cyberpsychology, Behavior, and Social Networking, 17(2), 61-67. DOI: 10.1089/cyber.2012.0231
We’ve written a number of times about the role of non-belief or of strong religious beliefs on juries and juror decision-making. The majority of research, largely based on White participants, has shown repeatedly that for White Christians, if you are an non-believer (e.g., an Atheist or a Muslim), you will be looked on less favorably […]
You’re on trial: Is it better to be an atheist or a black radical Muslim lesbian?
Everyone knows you just can’t trust an atheist!
He........ Read more »
Van Camp, D., Sloan, LR, & ElBassiouny, A. (2014) Religious bias among religiously conscious Black Christians in the United States. . The Journal of Social Psychology. DOI: 10.1080/00224545.2013.835708
People will actually see you more positively when you raise no money for charity at all than they will when you raise $1,000,000 (but skim $100,000 for yourself). Even if you said you were going to keep 10% up front and the charity really did get the $900,000! When you benefit (in any way) from […]
Simple Jury Persuasion: Using counter-factual thinking to your advantage
Simple Jury Persuasion: Use pre-factual thinking to your advantage in litigation
Simple Jury Persuasion: ........ Read more »
Newman GE, & Cain DM. (2014) Tainted Altruism: When Doing Some Good Is Evaluated as Worse Than Doing No Good at All. Psychological Science. PMID: 24403396
Last fall we wrote about how having a dark-skinned avatar in an immersive virtual reality experience can reduce your implicit bias against dark-skinned people. Now Illinois researchers show us that the avatar assigned in online gaming also influences behavior. How? If you are assigned to be a hero, you do good. If you are assigned […]
“Spend some time in my skin”
Real-life Sopranos: It’s isn’t the HBO show!
Should you try online jury research?
... Read more »
Yoon G, & Vargas PT. (2014) Know Thy Avatar: The Unintended Effect of Virtual-Self Representation on Behavior. Psychological Science. PMID: 24501111
There are some research models whose names seem silly, or at least named for a Taylor Swift song. Oddly enough, there is a large body of research on those who are “habitually sensitive toward victimization” and it turns out they tend to be uncooperative and immoral in “socially uncertain situations”. Apparently, the suspicion and mistrust […]
Empathy: Paving the road to preferential treatment with good intentions
Shooting the messenger: The intergroup sensitivity ef........ Read more »
Gollwitzer, M., Rothmund, T., & Süssenbach, P. (2013) The sensitivity to mean intentions (SeMI) model: Basic assumptions, recent findings, and potential avenues for future research. Social and Personality Psychology Compass, 415-426. DOI: 10.1111/spc3.12041
All those dress for success formulas apparently forgot something important. Nonconformity can be a good thing when thoughtfully applied. However, if observers think you are unaware that your behavior or attire is not conforming–then you’re just a weirdo. Harvard researchers call this the “red sneakers effect” and here’s how it works. Many of us think […]
Simple Jury Persuasion: The innuendo effect
Simple Jury Persuasion: The “turban effect”
Simple Jury P........ Read more »
Bellezza, S., Gino, F., & Keinan, A. (2013) The red sneakers effect: Inferring status and competence from signals of nonconformity. Journal of Consumer Research. . DOI: 10.1086/674870
It’s hard to really feel sorry for the sexually violent predator who is up for parole. It’s even harder when their level of public dangerousness isn’t really known. We first saw this study over at Karen Franklin’s In the News blog and it makes a strong statement about the ineffectiveness of an often-used measure for […]
Is that psychopath going to be violent in the future?
The Islamophobia Scale: Measuring our fear of Muslims
Are female stalkers less likely to be vi........ Read more »
DeMatteo, D., Edens, JF, Galloway, M., Cox, J., Smith, ST, & Formon, D. (2013) The role and reliability of the Psychopathy Checklist--Revised in US sexually violent predator evaluations: A case law survey. Law and Human Behavior. DOI: 10.1037/lhb0000059
We’ve written before about the differences between liberals and conservatives. The article we feature today isn’t about moral issues, brain structure, or shopping preferences. It is instead about a basic need filled for some by Mr. Rogers: the deep-seated desire to be special. Two studies were conducted. The first had 292 participants recruited via Mechanical […]
We have nothing to fear (unless we are conservative)
The evidence is mounting: The brains of liberals and ........ Read more »
We watch for facial expressions and verbal indications of moral outrage when doing pretrial research because it usually means the mock jurors have connected egregious conduct with strongly held beliefs. It is a connection that is nearly impossible to sever, and a development of critical interest to litigants. We’ve seen it when you would expect […]
Choosing to either disgust your jurors or tick them off
Is that quick decision a good indicator of your moral character?
What........ Read more »
Salerno JM, & Peter-Hagene LC. (2013) The interactive effect of anger and disgust on moral outrage and judgments. Psychological Science, 24(10), 2069-78. PMID: 23969778
Like Yahoo! did when they hired Marissa Mayer. At least one media outlet chose to illustrate their writeup of today’s study with Ms. Mayer. We’ve written before about law firm success but that seems to be tied not to the “hotness” of the managing partner but to their appearance of competence. Ms. Mayer was loudly […]
Facial disfigurement is too disturbing, or why I won’t hire you
Proof we don’t hire the most qualified candidate!
“I feel pretty, oh so pretty!........ Read more »
Halford, Joseph, Taylor Hsu, & Scott H. C. (2013) Beauty is Wealth: CEO Appearance and Shareholder Value. SSRN Electronic Journal. DOI: 10.2139/ssrn.2357756
Recently, in a multi-panel mock trial, we held our breaths as a 60-something white male business man volunteered to be the presiding juror since he had a lot of experience leading groups. We had purposely loaded the group with only a single strong Plaintiff juror (and a second moderate Plaintiff supporter), knew the new presiding […]
Power, Penises and the Role of the Presiding Juror
Deliberations & the role of the presiding juror
This is what a good leader does not lo........ Read more »
Tost, LP, Gino, F, & Larrick, RP. (2013) When power makes others speechless: The negative impact of leader power on team performance. Academy of Management Journal, 56(5). DOI: 10.5465/amj.2011.0180
We have done a number of trials where either translators, video dubbing, or captions were used to assist witnesses for whom English was not a first language and, in one amusing instance, for a man whose Southern U.S. regional dialect was so thick that mock jurors wondered aloud if he was even speaking English. Oddly, […]
Shooting the messenger: The intergroup sensitivity effect
The “hoodie effect”: A domestic variant of the turban effect
The hypercorrection effe........ Read more »
Lavaur JM, & Bairstow D. (2011) Languages on the screen: is film comprehension related to the viewers' fluency level and to the language in the subtitles?. International Journal of Psychology, 46(6), 455-62. PMID: 22046988
Wissmath, B., Weibel, D., & Groner, R. (2009) Dubbing or subtitling? Effects on spatial presence, transportation, flow and enjoyment. . Journal of Media Psychology, 21(3). DOI: 10.1027/1864-122.214.171.124
We believe the negative press on the Millennials (our 20-somethings and early 30-somethings) is simply what happens to all of our young people as they are judged (and found wanting) by older generations. And mostly we eventually grow up, mature, and become something different than we started out as–at least when viewed through the eyes […]
Generation X: Active, balanced and happy. Seriously?
If your jurors are happy, will they blame the victim less?
Is the Millennial ........ Read more »
Roy F. Baumeister, Kathleen D. Voh, Jennifer L. Aaker, & Emily N. Garbinsky. (2013) Some key differences between a happy life and a meaningful life. . The Journal of Positive Psychology, 8(6), 505-516. DOI: 10.2139/ssrn.2168436
Hmmm. Here’s research that says the appearance of managing partners’ faces at America’s 100 top law firms is tied to firm “profit margin, profitability index, and profits per equity partner”. You may want to look at managing partners’ faces before making a decision about that job offer! We’ve written about first impressions before but this […]
I can tell from your face that you are suicidal
Never trust a man with a wide face
Between Coddling and Contempt: Mana........ Read more »
Rule, NO, & Ambady, N. (2011) Face and fortune: Inferences of personality from managing partners’ faces predict their law firms’ financial success. . The Leadership Quarterly, 690-696. DOI: 10.1016/j.leaqua.2011.05.009
So you need to ask someone to do something and that “something” lies in the morally murky or ambiguous realm. We won’t offer examples of what that favor may be, but you know what we mean. You may wonder when is best to ask. Right after you’ve begun the day (and they’ve had ample coffee)? […]
Leading our unethical leaders: Behaving as we want our jurors to behave
Which is the more moral negotiator? The male or the female?
What’s a moral issue for us these days?
........ Read more »
Kouchaki M, & Smith IH. (2013) The Morning Morality Effect: The Influence of Time of Day on Unethical Behavior. Psychological Science. PMID: 24166855
How do empathy, accountability and fairness interact to result in preferential treatment (but with the best of intentions)? You know we are looking at this with an eye toward litigation implications and it isn’t even that much of a stretch. The researchers are looking at the workplace supervisor/supervisee relationship to assess how knowing that an […]
Have you seen our articles in The Jury Expert?
“That’s not fair!”
Attractiveness and being fired for poor performan........ Read more »
Blader, SL, & Rothman, NB. (2014) Paving the road to preferential treatment with good intentions: Empathy, accountability and fairness. . Journal of Experimental Social Psychology. . DOI: 10.1016/j.jesp.2013.09.001
Recently, we wrote about how risk assessment measures do not work on the psychopath. So it seems only fitting we summarize a new article that explains psychopathic behavior using fMRI scans that purport to show how the defendant is not in control of his behavior because “his brain made him do it”. This is an […]
On brains, brain damage, pedophilia and other things we don’t like
Confused about brain scans? Welcome to the club!
Is that a psychopath trying to kill you? A........ Read more »
Phillips, KD. (2013) Empathy for psychopaths: Using fMRI brain scans to please for leniency in death penalty cases. Law and Psychology Review. . info:/
A new research review says thinking fast can improve our mood, and increase risk-taking, confidence and problem-solving. The author discusses the experiences of running, skiing, driving over the speed limit as all having the capacity to excite, elate and energize us. But we do not have to be moving fast in order to improve our […]
Think fast! Is this the perpetrator? How certain are you?
Is that quick decision a good indicator of your moral character?
What happens when a ju........ Read more »
Pronin, E. (2013) When the mind races: Effects of thought speed on feeling and action. . Current Directions in Psychological Science, 22(4), 283-288. DOI: 10.1177/0963721413482324
This comes as no surprise to us. We routinely look at mock jurors with extreme views on various issues as unpredictable and thus, dangerous for our case. We think of the extremist as dwelling on the “fringe” of beliefs held by the majority. They are often conspiracy devotees and “hear” facts through a nearly impregnable […]
The evidence is mounting: The brains of liberals and conservatives differ
Politics and prejudice? Nope. It’s about ideology!
Republicans prefe........ Read more »
Toner K, Leary MR, Asher MW, & Jongman-Sereno KP. (2013) Feeling Superior Is a Bipartisan Issue: Extremity (Not Direction) of Political Views Predicts Perceived Belief Superiority. Psychological Science. PMID: 24096379
If you are reading this blog post while in a meeting, please know it’s twice as likely women will be offended by your behavior than will men. That’s the finding of a new research study from Howard University and the USC Marshall School of Business Center for Management Communication. The study looks at perceptions of […]
“Stop picking fights and get some emotional intelligence!”
Be careful what you text!
You can stop smoking and lose weight without much effort at al........ Read more »
Washington, MC, Okoro, EA, & Cardon, PW. (2013) Perceptions of Civility for Mobile Phone Use in Formal and Informal Meetings. . Business Communication Quarterly. . info:/
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