236 posts · 196,903 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
Thanks to us, you know researchers trick people into eating dog food, put them in MRI machines that just happen to have snakes in them, and do other nefarious things. But did you know they sometimes enlist your parents in their deception? It is sad, but apparently true. Although these UK and Canadian researchers did […]
Wait! What did I say last time?
Images and ads create false memories
False Confessions: “No one really does that unless they’re just stupid”
... Read more »
Shaw, J., & Porter, S. (2015) Constructing Rich False Memories of Committing Crime. Psychological Science. DOI: 10.1177/0956797614562862
We’ve seen the claims that people don’t find brain scans as alluring as they used to, but here is a study that says, “not so fast!”. It’s an oddly intriguing study involving not only invoking pretty pictures of brain function but also political affiliation and how that factors in to what one chooses to believe. […]
Excuse me potential juror: Is your brain red or blue?
“This county is about 65% Republican, 25% Democrat and 10% Independent.”
fMRIs and Persuasi........ Read more »
Munro, G., & Munro, C. (2014) “Soft” Versus “Hard” Psychological Science: Biased Evaluations of Scientific Evidence That Threatens or Supports a Strongly Held Political Identity. Basic and Applied Social Psychology, 36(6), 533-543. DOI: 10.1080/01973533.2014.960080
You cannot really answer “neither” to this question, it’s an either/or sort of query. If you know little about either, you may blurt out “jail”, and that would be a little unwise according to today’s research. Apparently, those that do know a little about jail versus prison would much rather go to prison than spend […]
Go to jail. Go directly to jail. And if you are a woman, stay there a lot longer.
Fat bias in the workplace
Beauty is only skin deep but the la........ Read more »
May, D., Applegate, B., Ruddell, R., & Wood, P. (2013) Going to Jail Sucks (And It Really Doesn’t Matter Who You Ask). American Journal of Criminal Justice, 39(2), 250-266. DOI: 10.1007/s12103-013-9215-5
It’s hard to believe we have not blogged about this scale before, but as it happens, we’ve discussed several research articles where the scale was used but never actually described the scale itself. The Witness Credibility Scale was developed by Stan Brodsky and his then-students at the University of Alabama. If you don’t recognize his […]
Smiling and credibility: Is it different for male and female witnesses at trial?
The Islamophobia Scale: Measuring our fear of Mu........ Read more »
Brodsky SL, Griffin MP, & Cramer RJ. (2010) The Witness Credibility Scale: an outcome measure for expert witness research. Behavioral sciences , 28(6), 892-907. PMID: 20077497
If so, we can certainly suggest a few to be disregarded! We don’t write about most of the articles we consider for this blog (the reject pile grows taller every day). And when we do write about questionable pieces we let you know if we think it’s a little ridiculous or if it’s a prospective […]
Mock Jury Research: How do we make it more useful?
Red, redux: Men won’t pay attention to Tammy in red
It’s 2014: Where are all the female subjects in surgical research? ........ Read more »
DeRight, J., & Jorgensen, R. (2014) I Just Want My Research Credit: Frequency of Suboptimal Effort in a Non-Clinical Healthy Undergraduate Sample. The Clinical Neuropsychologist, 1-17. DOI: 10.1080/13854046.2014.989267
Here’s an odd counter-intuitive research finding. You might think that, if you have a gay or lesbian client, other minorities (like racial or ethnic minorities, for example) would be a good bet for your jury. It only makes sense that those who have experienced discrimination themselves would be more tolerant toward members of other oppressed […]
Simple Jury Persuasion: Don’t deplete me
Simple Jury Persuasion: She reminds me of my Grandmother…
Simple Jury Persuasion:........ Read more »
Craig, M., & Richeson, J. (2014) Discrimination divides across identity dimensions: Perceived racism reduces support for gay rights and increases anti-gay bias. Journal of Experimental Social Psychology, 169-174. DOI: 10.1016/j.jesp.2014.07.008
Almost three years ago, we blogged about something called the extremist effect. The extremist effect is a strategy of taking something virtuous and turning it into a vice through clever language. For example: You are a snowmobiling association being sued by environmental groups to block access to public lands. You diminish their position by saying, “Sporting […]
“Reactions vary along traditional partisan lines”
Excuse me potential juror: Is your brain red or........ Read more »
Campbell TH, & Kay AC. (2014) Solution aversion: On the relation between ideology and motivated disbelief. Journal of Personality and Social Psychology, 107(5), 809-24. PMID: 25347128
If you think neurolaw and neuroscience are everywhere–and don’t find it particularly challenging to talk about brain science, apparently you are living in a very rarified environment. It’s hard to believe but evidently, most people do not think the exploding field of brain science is fascinating! Instead, when they think of brain science they think […]
What do those jurors really know about science and technology?
A new question for the jury: Did my brain implant........ Read more »
O'Connor, C., & Joffe, H. (2014) Social Representations of Brain Research: Exploring Public (Dis)engagement With Contemporary Neuroscience. Science Communication, 36(5), 617-645. DOI: 10.1177/1075547014549481
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. […]
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 »
Doan, L., Loehr, A., & Miller, L. (2014) Formal Rights and Informal Privileges for Same-Sex Couples: Evidence from a National Survey Experiment. American Sociological Review, 79(6), 1172-1195. DOI: 10.1177/0003122414555886
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 […]
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 »
Jacks, J., & Lancaster, L. (2014) Fit for persuasion: the effects of nonverbal delivery style, message framing, and gender on message effectiveness. Journal of Applied Social Psychology. DOI: 10.1111/jasp.12288
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 […]
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 »
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 […]
Unfaithful partner? Would you rather be seen as mature– or as competent and strong?
A law firm’s financial success & the ........ Read more »
LAMBERT, N., MULDER, S., & FINCHAM, F. (2014) Thin slices of infidelity: Determining whether observers can pick out cheaters from a video clip interaction and what tips them off. Personal Relationships. DOI: 10.1111/pere.12052
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 […]
Simple Jury Persuasion: Educating jurors about science may have no effect
Simple Jury Persuasi........ Read more »
Tal, A., & Wansink, B. (2014) Blinded with science: Trivial graphs and formulas increase ad persuasiveness and belief in product efficacy. Public Understanding of Science. DOI: 10.1177/0963662514549688
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 […]
Simple Jury Persuasion: The ‘Scott Peterson Effect’—Displayed remorse and conviction
Simple Jury Persuasion: The innuendo effec........ Read more »
Glasford, D., & Pratto, F. (2014) When extraordinary injustice leads to ordinary response: How perpetrator power and size of an injustice event affect bystander efficacy and collective action. European Journal of Social Psychology, 44(6), 590-601. DOI: 10.1002/ejsp.2051
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 […]
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
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 […]
An update on online research of potential jurors
Excuse me potential juror: Is your brain red or blue?
Excuse me, potential ........ Read more »
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 […]
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
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 […]
How leaders look: Competent and trustworthy, but not dominant
Is it best to be competent, warm, or moral?
You wa........ Read more »
J. Smith, H., Goode, C., Balzarini, R., Ryan, D., & Georges, M. (2014) The cost of forgiveness: Observers prefer victims who leave unfaithful romantic partners. European Journal of Social Psychology. DOI: 10.1002/ejsp.2054
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 […]
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:/
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 […]
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:/
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