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Rita Handrich comments on Jurors' Perceptions of Attorneys See the comment
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Joe Guastaferro comments on Do We Need Einsteins in the Jury Box? See the comment
Karen Franklin has blogged on the Psychology of Voir Dire at her blog In the News. See the blog post
Kathy Kellermann comments on Police Deception During Interrogation See the comment
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Laura Dominic responds to Kathy Kellerman's comment on Gender in the Courtroom See Laura's response
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Kathy Kellermann comments on Gender in the Courtroom See the comment
Paul B. Kennedy has blogged on Gender in the Courtroom at his blog: The Defense Rests See the post
Edward Schwartz has commented on Could the iPad Pick Your Next Jury See the comment
Kathy Kellerman has commented on When Jurors Nod See the comment
Doug Keene has blogged on Working for Justice in Neshoba County at his blog: The Jury Room See the post
Phil Monte comments on SJQs for The Holy War See the comment
Dan Hull comments on Managing & Mentoring Millennials See the comment
Sean Overland comments on Out of the Shadows, Into the Jury Box See the comment
Blawg Review #283 cites Managing & Mentoring Millennials See Blawg Review #283
mikee comments on Will It Hurt Me in Court? See the comment
Rita Handrich has blogged on Managing & Mentoring Millennials at her firm blog: The Jury Room See the post
Paul Scoptur has pointed readers of his blog (Scoptur's Law) to the new issue of The Jury Expert See the blog post
Thaddeus Hoffmeister has pointed readers of his blog (Juries) to the new issue of The Jury Expert See the blog post
Michael Drake at Strange Doctrines blog has pointed his readers to Grime and Punishment See the blog post
Roland Stark has commented on Persuading with Probability See the comment
Keith Lee has blogged on Tattoos, Tolerance, Technology and TMI at his blog: An Associate's Mind See the post
Jason Barnes has posted a link on a recent Batson ruling from the 9th Circuit See the link
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Karen Franklin has blogged on What We Do (& Do Not) Know About Jurors & Race See the post
Doug Keene has blogged on Emotions in the Courtroom at The Jury Room blog See the blog post
James Goulding has blogged on Tattoos, Tolerance, Technology & TMI at Mean is Out blog See the post
Doug Keene has blogged on Tattoos, Tolerance, Technology & TMI at The Jury Room blog See the blog post
Daniel Denis responds to Jason Barnes comment on Persuading with Probability See the response
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Jason Barnes has commented on Persuading with Probability See the comment
David Badertscher has blogged on Hate Crimes and Racial Slurs at Criminal Law Library Blog See the blog post
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Stephanie West Allen has blogged on A Courtroom Full of Reptiles at idealawg blog See the blog post
Tony Duncan has pointed readers of his blog to Jurors and the Internet See the blog post
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'Joe Attorney' has blogged on A Courtroom Full of Reptiles at Doing Justice blog See the blog post
Joe Markowitz has commented on A Courtroom Full of Reptiles See the comment
Rita Handrich has pointed readers of The Jury Room blog to this issue of TJE See the blog post
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Victoria Ward has blogged on A Courtroom Full of Reptiles See the blog post
Stephanie West Allen has blogged on A Courtroom Full of Reptiles See the blog post
Jason Barnes comments on A Courtroom Full of Reptiles See the comment
Brian Patterson comments on Biggest Bully in the Room See the comment
Todd Schlossberg comments on A Courtroom Full of Reptiles See the comment
SCOTUS blog references Beneath the Robes & Behind Closed Doors See the blog post
Marjorie Fargo has commented on A Courtroom Full of Reptiles See the comment
Paul Scoptur has pointed readers of his blog, Scoptur's Law to A Courtroom Full of Reptiles See the post
Elie Mystal has referenced Beneath The Robes & Behind Closed Doors in Non Sequiturs at Above the Law Blog See the post
Montgomery Delaney has commented on A Courtroom Full of Reptiles See the comment
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Jessica Hoffman has commented on A Courtroom Full of Reptiles is a Bad Idea See the comment
Thaddeus Hoffmeister has blogged on Avoiding Problems During Jury Selection in the Age of Batson at Juries Blog See the post
Ken Broda-Bahm comments on A Courtroom Full of Reptiles is a Bad Idea See the comment
Steve Schlicht comments on America Hates Atheists See the comment
Stephen G. Schwarz has cited Jurors and Technology in Trial in a post at the Faraci Lange blog See the post
David Shackelford has cited America Hates Atheists at the Shark Attack blog See the blog
Groklaw cites Practical Tools for Staying Organized in Jury Selection & Voir Dire See the post
Doug Keene has blogged on Rules Don't Apply to Me at The Jury Room blog See the post
Steven G. Pietrick has commented on From the Conference Room to the Courtroom See the comment
John Buntin has blogged on Rules Don't Apply to Me at 13th Floor blog See the post
Razib Khan has blogged on America Hates Atheists at Gene Expression blog See the post
Steven Gursten has blogged on Injured Body, Injured Mind See the blog post
Gribble the Munchkin comments on America Hates Atheists See the comment
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Stephanie West Allen blogs on Toying with Juror's Emotions at idealawg See the post
Marc Gray comments on America Hates Atheists See the comment
Stephanie West Allen blogs on The Rules Don't Apply to Me at idealawg See the post
Robin Hanson has cited America Hates Atheists in his blog Overcoming Bias See the post
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Brian Patterson comments on Using Technology in Litigation See the comment
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'Anonymous Atheist' has commented on America Hates Atheists See the comment
Elaine Lewis comments on Goals of Witness Preparation See the comment
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Lee Keller King has commented on Will It Hurt Me in Court See the comment
Doug Keene has blogged at The Jury Room on Sixteen Simple Rules See the blog post
Steve Pietrick has blogged on Damages: The Defense Attorney's Dilemma See the blog post
Melissa Gomez has blogged on Damages: The Defense Attorney's Dilemma See the blog post
Adam Benforado has commented on Law on Display via Situationist Blog See the comment
John Day has blogged at Day on Torts about Jurors & the Internet See the blog post
Rita Handrich has blogged at The Jury Room on Colorism See the blog post
Philip Cave has blogged at Court-Martial Trial Practice on 16 Simple Rules for Better Jury Selection See the blog
Dennis Elias has blogged on Damages: The Defense Attorney's Dilemma See the blog post
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Edward Schwartz has blogged on Damages: The Defense Attorney's Dilemma See the blog post
K_Yew has pointed his blog readers to 16 Simple Rules for Better Jury Selection See the blog
Sean Overland has blogged on Damages: The Defense Attorney's Dilemma See the blog post
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Lawyers USA has written a piece featuring Katherine James and her article on Live Communication See the article
Steven G. Pietrick has commented on Preparing for the Prep Question See the comment
David Oliver at Mass Torts: State of the Art Blog has cited 16 Simple Rules for Better Jury Selection See the blog
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Julie Campanini has blogged on Out & Proud See the blog post
Grey Tesh sends readers of Palm Beach Criminal Lawyer Blog to see 16 Simple Rules for Better Jury Selection See the blog post
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Book Forum has cited Don't Poke Scalia on their Omnivore page See the post
Book Forum has cited Jurors & the Internet on their Omnivore page See the post
Christina Spiesel comments on Ted Brooks' blog post regarding Law on Display See the comment
Susan Levy comments on Damages: Defense Attorney's Dilemma See the comment
Edward P. Schwartz comments on Law on Display See the comment
Karen Franklin has blogged on this issue of The Jury Expert See the blog
Sean Overland has blogged on Jurors and the Internet See the blog post
Publius comments on Enron to Broadcom See the comment
Judge John DiMotto references Jurors and the Internet on his blog See the blog
Ted Brooks has blogged on Law on Display See the blog post
Kevin Boully has blogged on 16 Simple Rules for Better Jury Selection See the blog
Louisville Courier-Journal has published on article (Taser-death verdict challenged over juror's conduct) which references our Jurors & the Internet article See the Louisville Courier-Journal
Florida Bar Journal has published an article (Reining in Juror Misconduct) citing our Jurors & the Internet article See the Florida Bar Journal article
Howard Wasserman has blogged on Don't Poke Scalia at his Federal Courts blog See the blog
Ric Dexter has commented on What Preparation Does Your Witness Need See the comment
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Phil Cave has blogged on Live Communication at his blog Court-Martial Trial Practice See the blog
Melissa M. Gomez has blogged on Jury Research for Settlement on her blog at the Legal Intelligencer See the blog
Doug Keene has blogged on this issue of The Jury Expert at his firm blog: The Jury Room See the blog
Martin G. commented on When Jurors Nod See the comment
E. Oliver commented on When Jurors Nod See the comment
Gregory Cusimano commented on Live Communication See the comment
Matt M. commented on Jurors and the Internet See the comment
W. Stuermer commented on Don't Poke Scalia See the comment
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Thaddeus Hoffmeister blogged on Jurors and the Internet at his blog Juries See the blog
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T. Guthell, MD has commented on Jurors and the Internet See the comment
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Edward Schwartz has blogged on Identifying Leaders See the blog post
Ken Broda-Bahm has blogged on Jury Damage Awards in Recession See the blog post
Rita Handrich has commented on Hate Crimes & Racial Slurs Read the comment
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Charli Morris comments on Impact of Graphic Injury Photographs Read the comment
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Jason Barnes comments on Jury Damage Awards in Times of Recession Read the comment
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The study employed eight possible scenarios by varying two variables: the plaintiff's injury severity (mild or severe) and the defendant's damages rebuttal amount (none, low, moderate, or high). The defendant's damages rebuttal, if any, was always lower than the plaintiff's ad damnum, which was kept constant throughout. I hypothesized that due to jurors' inappropriate fusion of the evidence, a severe injury would be detrimental to the defense in terms of liability, so its best recourse would be to focus on keeping damage awards low since it would be fairly likely they would be found liable. Therefore, the best option would likely be to give a moderate rebuttal since a high rebuttal would set the floor too high and jurors might perceive a low rebuttal as callous and cold-hearted. Conversely, with a mildly injured plaintiff, I hypothesized that the best strategy for the defense would be to focus all of their energy on contesting liability. A mild injury is generally less likely to lead to a liability verdict against the defendant than when the plaintiff is severely injured, so if the defense has the opportunity of winning on liability and avoiding damages altogether, then they should take it and avoid giving a specific rebuttal.
