Doug Keene

228 posts · 184,410 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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  • December 17, 2014
  • 07:02 AM
  • 43 views

Same sex marriage is okay but please, no PDA!

by Doug Keene in The Jury Room

We are again honored by our inclusion in the ABA Blawg 100 list for 2014. If you value this blog, please take a moment to vote for us here in the Litigation Category. Voting closes on December 19, 2014. Doug and Rita We’ve blogged a number of times about changing attitudes toward same sex marriage.  […]

Related posts:
So how okay are we really with gay marriage?
Changing American Attitudes: Gay/Lesbian Issues
So we cannot talk about race but we overwhelmingly approve interracial marr........ Read more »

  • December 12, 2014
  • 07:02 AM
  • 81 views

Simple Jury Persuasion: Gender and message delivery and framing

by Doug Keene in The Jury Room

We are again honored by our inclusion in the ABA Blawg 100 list for 2014. If you value this blog, please take a moment to vote for us here in the Litigation Category. Voting closes on December 19, 2014. Doug and Rita Trial lawyers (and others who communicate to persuade) are always looking for a […]

Related posts:
Simple Jury Persuasion: Are those folks in the jury box thinkers or feelers?
Simple Jury Persuasion: Be Powerful in the Courtroom
Simple Jury Persuasion: Should we channel Do........ Read more »

  • December 3, 2014
  • 07:02 AM
  • 96 views

Subtly offending feedback [when in court presentation offends]

by Doug Keene in The Jury Room

We are again honored by our inclusion in the ABA Blawg 100 list for 2014. If you value this blog, please take a moment to vote for us here in the Litigation Category. Voting closes on December 19, 2014. Doug and Rita The research we are covering today focuses on feedback that is subtly offensive […]

Related posts:
Expert witnesses on what causes bias in other expert witnesses
Chicago attorney explains to Court: “Personally, I like large breasts.”
Maybe you really should use Pow........ Read more »

Krings, R., Jacobshagen, N., Elfering, A., & Semmer, N. (2014) Subtly offending feedback. Journal of Applied Social Psychology. DOI: 10.1111/jasp.12287  

  • November 24, 2014
  • 07:02 AM
  • 106 views

Thin-slicing infidelity: Brief observation can reveal more than you ever thought!

by Doug Keene in The Jury Room

Our clients are routinely stunned by the accuracy of  mock juror impressions of witnesses and parties based on a 6 to 8 minute video clip from depositions. Mock jurors quickly assess character and are often eager to share their insights. Their comments can be insightful, surprising, and sometimes biting in their judgments. So, okay. It’s […]

Related posts:
Unfaithful partner? Would you rather be seen as mature– or as competent and strong?
A law firm’s financial success & the ........ Read more »

  • November 10, 2014
  • 07:02 AM
  • 124 views

Simple Jury Persuasion: The “halo of scientific validity” effect

by Doug Keene in The Jury Room

We’ve written about the lack of evidence for the much-feared “CSI Effect”. But here’s an interesting study about the simple “appearance of science” as opposed to the bells and whistles of high-tech “CSI”-like evidence. All it takes is the use of “scientese” (scientific sounding words)–not to be confused with “lawyerese” (which we wrote about here […]

Related posts:
Simple Jury Persuasion: Educating jurors about science may have no effect
Simple Jury Persuasi........ Read more »

  • November 5, 2014
  • 07:02 AM
  • 102 views

Simple Jury Persuasion: The “not in my town!” effect

by Doug Keene in The Jury Room

A couple of years ago we were working for the Plaintiff on pretrial research for a case against a large national healthcare corporation. The Plaintiff had been injured quite dramatically due to what she alleged was the Defendant’s lack of care (i.e., negligence) in selling her what company executives knew to be a pharmaceutical product […]

Related posts:
Simple Jury Persuasion: The ‘Scott Peterson Effect’—Displayed remorse and conviction
Simple Jury Persuasion: The innuendo effec........ Read more »

  • October 31, 2014
  • 07:02 AM
  • 149 views

Male? Don’t watch comedy videos prior to trial presentations…

by Doug Keene in The Jury Room

Many have written about men being over-confident in comparison to women–although all of us may be more confident in our abilities than we generally should be. Prior research has shown us that men are more confident than women, and that happy people tend to view themselves more positively and happy people actually often perform better […]

Related posts:
So, potential juror, how much online porn do you watch?
Male body shame and aggression against women (“rape proclivity”........ Read more »

Ifcher, J., & Zarghamee, H. (2014) Affect and overconfidence: A laboratory investigation. Journal of Neuroscience, Psychology, and Economics, 7(3), 125-150. DOI: 10.1037/npe0000022  

  • October 27, 2014
  • 07:02 AM
  • 145 views

So, potential juror, how much online porn do you watch?

by Doug Keene in The Jury Room

We can hear the snickers and gasps now–and likely the immediate objection from (probably) the opposing counsel or (unquestionably) the judge. But not always. So why might this be something you want to know? According to new research in the Journal of Sex and Marital Therapy, a distinguishing characteristic of narcissists is that they watch […]

Related posts:
An update on online research of potential jurors
Excuse me potential juror: Is your brain red or blue?
Excuse me, potential ........ Read more »

Kasper TE, Short MB, & Milam AC. (2014) Narcissism and Internet Pornography Use. Journal of Sex , 1-6. PMID: 24918657  

  • September 29, 2014
  • 07:02 AM
  • 194 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
  • 243 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
  • 174 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
  • 182 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 […]

Related posts:
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
  • 335 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 […]

Related posts:
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
  • 259 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
  • 185 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
  • 246 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
  • 241 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
  • 294 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
  • 197 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
  • 218 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  

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