Doug Keene

328 posts · 420,623 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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  • April 29, 2013
  • 08:02 AM
  • 1,212 views

Look into my eyes…..

by Doug Keene in The Jury Room

How often have you read that “the eyes are the window to the soul”? What that means, say proponents, is that all you have to do to know how someone feels is to look into their eyes and you know all. New research would say that only holds true (at least if you are a [...]

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We pray with closed eyes
The eyes of [not just] Texas are upon you…
“I can look into his eyes and just tell he is lying”


... Read more »

  • April 24, 2013
  • 08:02 AM
  • 1,149 views

Simple Jury Persuasion: The Sunshine Samaritan Effect

by Doug Keene in The Jury Room

If you want to prevail at trial, would it be useful to be able to control the weather? New research would say it depends on whether you want the jurors to help the plaintiff or defendant or not. Seriously? Seriously. It’s called the Sunshine Samaritan Effect. “Your Honor, I’d like to recess until the sun [...]

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The “hoodie effect”: A domestic variant of the turban effect
The hypercorrection effect: Correcting misinformation and false beliefs
Simple Jury Persuasio........ Read more »

  • April 17, 2013
  • 08:02 AM
  • 755 views

The seductive allure of ‘seductive allure’

by Doug Keene in The Jury Room

Sometimes academics make the most of a clever turn of phrase. But this post isn’t about sex and it isn’t about Marilyn Monroe. Instead, it is about everyone’s favorite other topic: the CSI effect. Am I right? That is your favorite other topic, isn’t it? Even though there have been growing indications that fear of [...]

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Redux: Bye-bye CSI?
The dilemma of the ‘Expert’ Witness
Confused about brain scans? Welcome to the club!


... Read more »

Farah, M., & Hook, C. (2013) The Seductive Allure of "Seductive Allure". Perspectives on Psychological Science, 8(1), 88-90. DOI: 10.1177/1745691612469035  

  • April 15, 2013
  • 08:02 AM
  • 700 views

Which jurors most “feel” your client’s pain?

by Doug Keene in The Jury Room

This is an intriguing question with a pretty straightforward answer. But if you are assuming the answer is “women”, you are only partially correct. Researchers from Michigan, New York and North Carolina investigated the relationship of age and empathy in three large samples of American adults who ranged in age from 18 to 90 years. [...]

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Does your capital client “look deathworthy”?
Pretrial publicity & bias: Take a look at the age of your jurors!
Should you ask your o........ Read more »

O'Brien E, Konrath SH, Grühn D, & Hagen AL. (2013) Empathic concern and perspective taking: linear and quadratic effects of age across the adult life span. The Journals of Gerontology. Series B, Psychological Sciences and Social Sciences, 68(2), 168-75. PMID: 22865821  

  • April 10, 2013
  • 08:02 AM
  • 745 views

The dilemma of the ‘Expert’ Witness

by Doug Keene in The Jury Room

In any case that includes a dispute over professional standards, science, technology, or an area of specialized knowledge, expert witnesses are going to be involved. Selecting someone who will be viewed as knowledgeable and credible to jurors is often difficult. You obviously are going to choose someone who knows the content at issue, but that’s [...]

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Expert witness influence: Interrogation tactics and false confessions
What happens when a juror agrees [or disagrees] with your ........ Read more »

Schauer, F., & Spellman, B. (2013) Is Expert Evidence Really Different?. SSRN Electronic Journal. DOI: 10.2139/ssrn.2210397  

  • April 1, 2013
  • 08:02 AM
  • 956 views

Worried about recidivism? Scan that felon’s brain!

by Doug Keene in The Jury Room

Remember the movie the Minority Report? In that movie, you can be charged with a crime prior to committing it. Because they can see the future. Well, now–so can we! At least according to some neuroscientists. And all it takes is a brain scan. How tidy! According to the scientists, those felons who show low activity [...]

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“Acquired pedophilia”: His brain made him do it
Confused about brain scans? Welcome to the club!
And the jury says: “His brain really DID make him d........ Read more »

Aharoni E, Vincent GM, Harenski CL, Calhoun VD, Sinnott-Armstrong W, Gazzaniga MS, & Kiehl KA. (2013) Neuroprediction of future rearrest. Proceedings of the National Academy of Sciences of the United States of America. PMID: 23536303  

  • March 27, 2013
  • 08:02 AM
  • 667 views

Simple Jury Persuasion: Is that foreigner lying up there on the witness stand?

by Doug Keene in The Jury Room

None of us like to be lied to and we hunt for indicators of deception in the behavior of others. A dilemma occurs in our assessments of witnesses from other cultures–since social norms are culture-specific. We observe the behavior of others and make judgments as to whether they are lying according to our sense of whether [...]

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Simple Jury Persuasion: Stand up straight but avoid gesturing with your hands in front of the jury!
Simple Jury Persuasion: “That was the witness ........ Read more »

  • March 22, 2013
  • 08:02 AM
  • 918 views

Should I pretend to be angry to get a better offer?

by Doug Keene in The Jury Room

Parties in negotiation are often eager to gain an edge in the maneuvering. Plans sometimes are made to walk away in anger as a strategy to elicit cooperation from the other side. But is that a good idea? Researchers say faking anger is not a wise move, but expressing actually felt anger may help you [...]

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Negotiations: Starting high and ending with nothing
Twelve (not so) angry men: Increasing participation in jury decision-making
“I want to cry and I don’t know why!”


... Read more »

Côté, S., Hideg, I., & van Kleef, G. (2013) The consequences of faking anger in negotiations. Journal of Experimental Social Psychology, 49(3), 453-463. DOI: 10.1016/j.jesp.2012.12.015  

  • March 18, 2013
  • 08:02 AM
  • 1,442 views

Heat of the moment? Try being a “fly on the wall”

by Doug Keene in The Jury Room

Flies are annoying, dirty and often disgusting creatures. They ruin picnic foods, they buzz around our quiet bedrooms as we try to sleep, and sometimes they have the nerve to land on our bodies. That is the actual fly. In this post, we are discussing the metaphorical fly. When you find yourself caught up in [...]

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Can you really sort out the liars from the truth tellers?
Want to be more likeable? Blink!
When good leadership goes wrong


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  • March 8, 2013
  • 08:02 AM
  • 1,221 views

“It was ‘a man’s work’ and I just didn’t like working with those incompetent women….”

by Doug Keene in The Jury Room

Research shows, even though it’s now 2013, that stereotypes of women as passive, not ambitious, and not energetic continue to abound. Researchers wondered whether the proportion of women in a mixed-gender group doing a male-stereotyped task would affect gender-related evaluations of the group process. Researchers recruited 110 students (71 women, 39 men) enrolled in a [...]

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Everyday racism at work: Hope for African American Women?
If you’re a man, you don’t just get mad, yo........ Read more »

  • March 4, 2013
  • 08:02 AM
  • 930 views

Macbeth, a joystick and the “cannibal cop” case

by Doug Keene in The Jury Room

The cannibal cop case is now in full swing and the testimony gets more grisly and nasty every day. From the “cannibal cop’s” wife’s testimony to fantasies of barbecuing a female friend, to the idea that “white girls seem the most appetizing”, the case is shocking, disturbing, and, to most of us, disgusting. We wrote about this case [...]

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The “cannibal cop” case: Can a SJQ be homoerotic?
Pontius Pilate, Lady Macbeth and Embodied Cognition
Case Strategy Tip: Do y........ Read more »

  • February 22, 2013
  • 08:02 AM
  • 1,083 views

Wide-faced men are not just liars and cheaters, they’re prejudiced too!

by Doug Keene in The Jury Room

Model Cameron Russell has been making the rounds of various talk shows saying she is a successful underwear model not because she is particularly gifted or talented, but because she won a “genetic lottery”. Well, we bet wide-faced men are wishing they had won a genetic lottery because things are just not looking good for [...]

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“Wide-faced men are going to lie and cheat”
New research on men: What do we know now?
Who knew we’d be such grumpy (but NOT old!) men and women?
........ Read more »

  • February 18, 2013
  • 11:37 AM
  • 971 views

Negotiating Salary 101 for Women Only

by Doug Keene in The Jury Room

We’ve written before about salary negotiations and the discrepancy in pay for men and women. One of the issues consistently identified in the research is that men ask for more money and women often don’t. So researchers wondered (they are always so very curious) if women could begin to narrow the gender gap in salary [...]

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Anchoring effects and your salary negotiations
Female bosses can lower a man’s pay & prestige
Everyday racism at work: Hope for African American Wom........ Read more »

  • February 13, 2013
  • 08:02 AM
  • 796 views

Simple Jury Persuasion: Teaching Jurors to Better Assess Eyewitness Testimony

by Doug Keene in The Jury Room

While we know that eyewitness testimony is often suspect, it can be useful to help jurors know how to assess the validity of eyewitness testimony for themselves. You might be interested in a new study identifying a simple strategy for teaching them just that. The authors point out that eyewitness testimony is frequently the primary [...]

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Simple Jury Persuasion: Telling jurors where to look
Simple Jury Persuasion: If you tell us why, we are more likely to believe
Simple Jury Persu........ Read more »

Pawlenko, NB, Safer, MA, Wise, RA, & Holfeld, B. (2012) A teaching aid for improving jurors’ assessment of eyewitness accuracy. Applied Cognitive Psychology. info:/

  • February 8, 2013
  • 08:02 AM
  • 747 views

The “cannibal cop” case: Can a SJQ be homoerotic?

by Doug Keene in The Jury Room

A few months ago we blogged about the “cannibal cop” NYPD officer and wondered why that story wasn’t attracting more press. The case has given rise to a proposed supplemental juror questionnaire [SJQ] that is unlike anything we’ve seen in twenty years of trial consulting. Apparently judges haven’t seen the likes of this either. Included [...]

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Case Strategy Tip: Do you want your jury to think about their verdict or not?
Bev Kearney: Is it because I’m female, African-Am........ Read more »

Yamagami, DS. (2000) Prosecuting cyber-pedophiles: How can intent be shown in the virtual world in light of the fantasy defense?. Santa Clara Law Review. info:/

  • January 30, 2013
  • 11:49 AM
  • 760 views

When is it just an email and when is it retaliation?

by Doug Keene in The Jury Room

While we know that whistle-blowers are supposed to be protected from retaliation–we also know that defining retaliation can often be a murky process. What “feels like” retaliation to the frightened, defensive, anxious whistle-blower may not meet the legal standard of retaliation. But what if it does? “What if they and their actions become the subject [...]

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Politics, Corruption and Pornography
Does a ‘bad heart’ lead to a bad heart?
Dining while black: “Because t........ Read more »

Prenkert, JD, Magid, JM, & Fetter-Harrott, A. (2013) Retaliatory disclosure: When identifying the complainant is an adverse action. . North Carolina Law Review. info:/

  • January 11, 2013
  • 08:02 AM
  • 1,469 views

Simple Jury Persuasion: “That was the witness who spoke so sadly”

by Doug Keene in The Jury Room

Our mock jurors often assess the emotionality of witnesses during deposition or testimony. They comment when emotion seems excessive and they comment when emotion seems to be lacking. Those evaluative comments result in judgments–either negative or positive–for how jurors will remember witness credibility and reliability. Some interesting new research adds more information to our knowledge of [...]

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Simple Jury Persuasion: Hearsay evidence & the expert witness
Si........ Read more »

  • January 7, 2013
  • 08:02 AM
  • 1,609 views

“That’s a big knife!”: Threatening objects loom larger

by Doug Keene in The Jury Room

We’ve seen this happen in childhood cartoons as the villain draws a weapon and it appears oddly over-sized to the threatened victim. Or in the strangely dissociative state we can slip into if a weapon is displayed threateningly in a seemingly safe place–like a bank. It is as though we are watching with disbelief as [...]

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The “Nerd Defense”: Redux
The Danger of Stereotyping: Does Gay + Black = Likable?
“Glasses can’t hide neck tattoos”


... Read more »

  • January 2, 2013
  • 08:02 AM
  • 778 views

“That’s not fair!”

by Doug Keene in The Jury Room

Anyone with children will hear this complaint repeatedly. New research tells us that even dogs know the importance of equity when it comes to differential rewards for doggie tricks! (Researchers paired dogs and then rewarded some with treats for tricks and did not reward others. When dogs saw their “buddy” being rewarded for doing a [...]

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That is so not fair!
“Stop picking fights and get some emotional intelligence!”
Huge damages and playground logic


... Read more »

  • December 28, 2012
  • 08:02 AM
  • 1,381 views

If you’re a man, you don’t just get mad, you get even!

by Doug Keene in The Jury Room

We’ve all seen the research showing that men are more physically aggressive than women. But it’s been tough for researchers to explain just why that difference exists. They’ve proposed it’s due to social learning or evolutionary pressures but there’s been no real consensus since men are not measurably more angry than women (according to what’s [...]

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Mad enough to kill? It’s better if you’re a woman
Who cares? The crime victim was old anyway!
Which is the more mora........ Read more »

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