Doug Keene

328 posts · 411,916 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 24, 2012
  • 08:02 AM
  • 614 views

Ears as a tool for influence!

by Doug Keene in The Jury Room

We’ve written before about how having earlobes at varying heights is a common characteristic of leaders. But who knew your ears could actually influence others? Okay, so it’s really more about what you do with your ears–but it still enhances your level of influence and persuasion among others. And that’s a good thing. Researchers wondered [...]

Related posts:
Expert witness influence: Interrogation tactics and false confessions
Men: Exude confidence, masculinity, authority, and powe........ Read more »

Ames, D., Maissen, L., & Brockner, J. (2012) The role of listening in interpersonal influence. Journal of Research in Personality, 46(3), 345-349. DOI: 10.1016/j.jrp.2012.01.010  

  • December 19, 2012
  • 08:02 AM
  • 879 views

Who cares? The crime victim was old anyway!

by Doug Keene in The Jury Room

Ageism is one of those things we rarely discuss until we reach a certain age. When we see crimes whose victims are elderly, there is an assumption that the public reaction would be anger and a rush to protect or compensate the victim. It’s often true, but remember what assuming does? In truth, prejudice against [...]

Related posts:
If your jurors are happy, will they blame the victim less?
Pretrial publicity & bias: Take a look at the age of your jurors!
Crime and meanness: We know whose........ Read more »

  • December 14, 2012
  • 08:02 AM
  • 902 views

I can tell from your face that you are suicidal

by Doug Keene in The Jury Room

Now this is strange. We’ve written before on studies showing you can identify Mormons by faces alone. And Scientific American tells us you can also identify gay men by faces alone. So now we have research telling us you can also identify who is suicidal from looking at photos of their face. We’d caution you to not [...]

Related posts:
Wearing your religion on your face
Republicans prefer ‘Republican-looking’ political candidates
Osama bin Laden is dead and (simultaneously) Osama bin L........ Read more »

Kleiman, S., & Rule, N. (2012) Detecting Suicidality From Facial Appearance. Social Psychological and Personality Science. DOI: 10.1177/1948550612466115  

  • December 10, 2012
  • 08:02 AM
  • 1,089 views

Surely we are not talking about the same person!

by Doug Keene in The Jury Room

Many of us have had the experience of having a totally different sense of an individual than a friend describes. And we all view ourselves differently (better and worse) than others see us. How can that happen? Well, often it’s more about us than it is about them! Researchers in Germany looked at whether liking [...]

Related posts:
I have good reasons for what I do! You’re just a bad person!
“There will be no apology from me!”
Meaning and counterfactuals: “If only…”


... Read more »

  • December 5, 2012
  • 08:02 AM
  • 1,225 views

A scientific explanation for why we are drawn to narcissists & psychopaths

by Doug Keene in The Jury Room

Many people, women in particular, go through phases of being drawn to narcissistic men. Most of us learn and move on to less taxing, untrustworthy and unpleasant partners. Popularly, this is known as being attracted to “bad boys”. And now we know why it happens. And, quite predictably, it’s all about a social veneer or [...]

Related posts:
Does desire trump beliefs based on facts when evaluating scientific evidence?
Tattoos: When should you clean up your witness?
“I feel pretty, oh so p........ Read more »

  • November 26, 2012
  • 08:02 AM
  • 1,019 views

“How could you neither see nor hear an oncoming train?”

by Doug Keene in The Jury Room

A few years ago we worked on a case where a young mother and her pre-school daughter had attempted to cross the train tracks and were hit by an oncoming train. The mother was killed and her daughter was horribly and permanently injured. Mock jurors questioned how she could simply not have seen nor heard the [...]
Related posts:
I can’t hear you!
Excuse me, potential juror, but just how big is your amygdala?
Birthers, deathers, and did you hear about Jimmy Hoffa?
... Read more »

Konstantinou N, Bahrami B, Rees G, & Lavie N. (2012) Visual Short-term Memory Load Reduces Retinotopic Cortex Response to Contrast. Journal of Cognitive Neuroscience, 24(11), 2199-210. PMID: 22905823  

  • November 21, 2012
  • 08:02 AM
  • 684 views

Simple Jury Persuasion: Decreasing victim condemnation in sexual harassment cases

by Doug Keene in The Jury Room

If you remember the hearings on Clarence Thomas’ Supreme Court nomination and the sexual harassment testimony from University of Oklahoma law professor Anita Hill, you likely recall how Hill was vilified. What you may not know is that after her testimony, sexual harassment complaints more than doubled while damage awards to harassment plaintiffs more than [...]
Related posts:
Simple Jury Persuasion: Channel James Earl Jones
Simple Jury Persuasion: Don’t confuse argument with persuasion
Simpl........ Read more »

  • November 16, 2012
  • 08:02 AM
  • 884 views

So…it appears the eyes don’t really have it after all

by Doug Keene in The Jury Room

Back when I was in graduate school, a book titled Frogs Into Princes was causing quite a stir. It was the introduction to Neurolinguistic Programming (NLP) and quickly gathered devotees. We even hear about NLP principles from our mock jurors decades later: “Eyes rolling upward when asked questions, as if he had to remember what to [...]
Related posts:
Does familiarity improve our skill at identifying liars?
“I can look into his eyes and just tell he is lying”
Liar, Liar, Pants on Fire........ Read more »

Wiseman R, Watt C, ten Brinke L, Porter S, Couper SL, & Rankin C. (2012) The eyes don't have it: Lie detection and Neuro-Linguistic Programming. PLoS ONE, 7(7). PMID: 22808128  

  • November 12, 2012
  • 08:02 AM
  • 781 views

Is Twitter Wrong? Real, fake, and “guilty, guilty, guilty”

by Doug Keene in The Jury Room

Last month we wrote about countering misinformation without accidentally reinforcing it. Alexis Madrigal over at the Atlantic must be reading the same articles we are since he wrote a very nice piece on how to correct visual misinformation when we are bombarded with it–using the recent barrage of Hurricane Sandy photos as exemplars. In any natural [...]
Related posts:
Are jurors more skeptical when a witness makes multiple IDs [some wrong] of the defendant?
Is it wrong to want an 8-foot c........ Read more »

Lewandowsky, S., Ecker, U., Seifert, C., Schwarz, N., & Cook, J. (2012) Misinformation and Its Correction: Continued Influence and Successful Debiasing. Psychological Science in the Public Interest, 13(3), 106-131. DOI: 10.1177/1529100612451018  

  • November 7, 2012
  • 08:02 AM
  • 784 views

Should I choose the creative juror, the introvert/extravert, or the religious juror?

by Doug Keene in The Jury Room

We’ve written before about creative folks, extraverts and those who are religious. Three social science projects now give us additional clues as to times when you might want to choose one characteristic over the others. Or not. As you might guess, it all comes down to your case themes and specifics. Let’s say you are left with [...]
Related posts:
Power, Penises and the Role of the Presiding Juror
Derogating do-gooders [like vegetarians] is how I roll
Deliberations & the role of the p........ Read more »

  • November 2, 2012
  • 08:02 AM
  • 957 views

Simple Jury Persuasion: When beautiful is not so good

by Doug Keene in The Jury Room

Bond girls. Dangerous and sexual. They always get their man (one way… and often another). And then they often try to kill him. Therein lies an intuitive secret of how we judge others. Or, at least, how we judge women. In most instances, “what is beautiful is good”. But, finally, thanks to the persistent efforts of [...]
Related posts:
Simple Jury Persuasion: The ‘Scott Peterson Effect’—Displayed remorse and conviction
Simple Jury Persuasion: Using attraction to your advantage
Si........ Read more »

Herrera, A, Valor-Segura, I, & Expósito, F. (2012) Is Miss Sympathy a Credible Defendant Alleging Intimate Partner Violence in a Trial for Murder? . The European Journal of Psychology Applied to Legal Context, 4(2), 179-196. info:/

  • October 24, 2012
  • 08:02 AM
  • 735 views

DNA seals the deal. Period. Maybe.

by Doug Keene in The Jury Room

Or does it? Perhaps not. DNA evidence is powerfully convincing perhaps because “we’ve come to accept the idea that DNA is a sort of individual genetic ‘serial number’ that just needs to be ‘read off’ from a biological sample — but the reality is far more complex”. Vaughan Bell (who usually writes on the Mind [...]
Related posts:
Bye bye CSI?
Legal decisions that tick jurors off
Better find something besides DNA & hard science to persuade the jury!
... Read more »

  • October 19, 2012
  • 08:02 AM
  • 1,234 views

Simple Jury Persuasion: Font Choice and Bias

by Doug Keene in The Jury Room

Does font choice really reduce confirmation bias?  [That’s the bias where we simply look for confirmation of what we already believe to be true.] New research says it could. What might that mean for jury deliberations? Last year we saw research showing that when students are asked to study with worksheets containing more difficult to [...]
Related posts:
Simple Jury Persuasion: When to talk about racial bias and when to stay quiet
Simple Jury Persuasion: Blind spots, ethics & helping a j........ Read more »

Ivan Hernandez, & Jesse Lee Preston. (2012) Disfluency disrupts the confirmation bias. Journal of Experimental Social Psychology. DOI: 10.1016/j.jesp.2012.08.010  

  • October 15, 2012
  • 08:02 AM
  • 1,322 views

Things You Should (Maybe) Know…

by Doug Keene in The Jury Room

Sometimes stuff just comes up that we think you need to know but it isn’t enough to fill an entire blog post. This is one of those times. Think of it as things you didn’t know you needed to know until you knew it! Chocolate Why do we love it so? Well. M&Ms are not [...]
Related posts:
Judges are biased in favor of psychopaths whose “brains made them do it”
Is that a psychopath trying to kill you? Are you listening?
Huge damages and playground logic
... Read more »

  • October 10, 2012
  • 08:02 AM
  • 841 views

Wait! What did I say last time?

by Doug Keene in The Jury Room

We know eye witness recollections are not reliable but trusting eyewitnesses has just gotten worse! New research (from brain scientists, no less) tells us that our memory is altered with each retelling of a story. We’ve written before about how we may be “sure” we recall certain things that simply cannot be true. New research out [...]
Related posts:
Okay, wait! Which one of you was I listening to?
Images and ads create false memories
Hey, maybe you should stop having them tell those stor........ Read more »

Bridge DJ, & Paller KA. (2012) Neural correlates of reactivation and retrieval-induced distortion. The Journal of neuroscience : the official journal of the Society for Neuroscience, 32(35), 12144-51. PMID: 22933797  

  • September 26, 2012
  • 08:02 AM
  • 851 views

Simple Jury Persuasion: How pictures infer “truthiness”

by Doug Keene in The Jury Room

The picture illustrating this post increases the likelihood you will see the post content as true. Enough said. But, you know we’ll say more. This is a fascinating addition to the visual evidence posts already on our blog. We agree that a well-designed visual can raise comprehension for jurors in a complex trial. What this research [...]
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Simple Jury Persuasion: Tattoo you?
Simple Jury Persuasion: The innuendo effect
Simple Jury Persuasion: Activate the ‘intuitive prosecutor........ Read more »

Newman EJ, Garry M, Bernstein DM, Kantner J, & Lindsay DS. (2012) Nonprobative photographs (or words) inflate truthiness. Psychonomic bulletin . PMID: 22869334  

  • September 7, 2012
  • 08:02 AM
  • 1,172 views

Simple Jury Persuasion: Educating jurors about science may have no effect

by Doug Keene in The Jury Room

It’s very frustrating to present logical explanations to jurors about science or technology only to have it fall on deaf ears. What we have come to understand is that if you tell a story that jurors relate to, their are globally more receptive and your scientific explanation fits more easily in their day-to-day lives. Hard to accept [...]
No related posts.... Read more »

  • September 5, 2012
  • 08:02 AM
  • 857 views

“Acquired pedophilia”: His brain made him do it

by Doug Keene in The Jury Room

Our latest entry in the “his brain made him do it” defenses is the long-time pediatrician [Domenico Mattiello] from London who is now accused of making sexual advances toward little girls in his care. Experts will argue in court that a four centimeter tumor at the base of his brain made him do it as it “created [...]
No related posts.... Read more »

  • August 24, 2012
  • 08:02 AM
  • 835 views

Judges are biased in favor of psychopaths whose “brains made them do it”

by Doug Keene in The Jury Room

Got an upcoming trial and a psychopath for a client? First, please accept our sincere condolences. “Then go to Neurolaw in terms of causation and your client gets a lesser sentence (and returns to society faster)”. Time Magazine has done a thorough writeup on the study and all the various conditions the researchers built in to assess [...]
No related posts.... Read more »

  • August 20, 2012
  • 08:02 AM
  • 707 views

Tell me it isn’t so! ‘Violinists are still kind of mean and unpredictable’

by Doug Keene in The Jury Room

In one of my previous careers, I provided psychotherapy for members of our local philharmonic orchestra. I remember a quiet, introverted and socially awkward viola player who was describing the despicable treatment she endured at the hands of a fellow musician. I inquired as to what she thought the motivation might be for this behavior. [...]
No related posts.... Read more »

Clavien C, Tanner CJ, Clément F, & Chapuisat M. (2012) Choosy moral punishers. PloS one, 7(6). PMID: 22720012  

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