Terror Management Theory and Jury Decision-Making
by Joel D. Lieberman, Jamie Arndt
How does terror management theory apply in the courtroom? What if case facts make your jurors ponder, even briefly, their inevitable death? This article explores research on how knowledge of our "existential finitude", so to speak, affects legal decision-making. Three experienced trial consultants respond.
Lights, Camera, Action: Getting the Most Out of Videos at Trial
by Ian McWilliams
The use of multimedia presentations at trial, particularly video productions, has grown exponentially since the 1990's. Successful litigators have discovered that using visuals with their persuasive words gives them a distinct advantage in presenting their case to a jury. This article describes different types of video productions used in courtrooms, shares tips on preparing your witness and deposition space for maximum effect, and cites examples of successful video use at trial.
Jury Damage Awards in Times of Recession
by Edie Greene
These are no ordinary times. Yet, plaintiffs continue to file lawsuits, cases continue to work their way through the civil justice system, and jurors continue to assess what money, if any, some of these plaintiffs should receive to compensate them for apparent injuries and losses. So isn't it inevitable that our vast economic woes will trickle down to jury deliberation rooms across the country, affecting how jurors perceive plaintiffs and defendants and influencing the ways they transfer money between the two? In a word, no. An expert on damages opines and three experienced trial consultants express their reactions to her perspective.
Jurors' Perceptions in the Economic Decline
by Tara Trask, Linda Petersen
The current financial crisis has infiltrated American life in a way unmatched by other events in recent history. Trends are beginning to emerge that may shed light on what the future holds in terms of the impact on the legal system, lawsuit filings, juror decision-making, and ultimately jury verdicts. Two experienced trial consultants discuss conflicting findings for trial attorneys based on a review of the literature and their recent experiences in mock trials.
"This Other Dude Did It!" A Test of the Alternative Explanation Defense
by Elizabeth R. Tenney, Hayley M.D. Cleary, Barbara A. Spellman
How does a criminal defense attorney argue for a Not Guilty verdict? This article explores the strategy of the alternative explanation defense (that is, what other reasons might there be for this evidence). This article describes the TODDI ("this other dude did it!") defense strategy and two experienced trial consultants offer their perspectives on this defense strategy.
Book Review: The Juror Factor: Race and Gender in America's Civil Courts
by Rita R. Handrich
The Juror Factor: Race and Gender in America's Civil Courts (published in 2009 and written by Sean Overland, Ph.D.) explores how juror gender and race affect individual decisions on various civil cases. In a departure from conventional wisdom, the author asserts that demographics really do matter in verdict decisions and goes on to demonstrate just how and when demographics are useful.
From the Conference Room to the Courtroom: How a Change in Setting Affects Witness Preparation
by Valerie Blum, Alexandra Rudolph
What you hear from a witness in an attorney's office during witness preparation may be worlds apart from what you hear from that witness on the stand. The environment in which witnesses are questioned has a profound impact on their behavior, demeanor and testimony. Two experienced trial consultants offer their perspectives on how you can minimize the impact of the transition from the conference room to the courtroom.
If A Case Is Going to Settle: A Guide to Negotiating in the Mediation Millennium
by Matthew McCusker
Despite fantasies of being that charismatic lawyer who strides into the courtroom and mesmerizes jurors, the reality is that a very small percentage of cases ever actually make it to a courtroom trial. An experienced trial consultant describes how to create a strong negotiation presentation across all aspects of your case.
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Editorial
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