Author: Dennis J. Devine
Publisher: NYU Press
Release Date: 2012-08-06
While jury decision making has received considerable attention from social scientists, there have been few efforts to systematically pull together all the pieces of this research. In Jury Decision Making Dennis J. Devine examines over 50 years of research on juries and offers a “big picture” overview of the field. The volume summarizes existing theories of jury decision making and identifies what we have learned about jury behavior, including the effects of specific courtroom practices, the nature of the trial, the characteristics of the participants, and the evidence itself. Making use of those foundations, Devine offers a new integrated theory of jury decision making that addresses both individual jurors and juries as a whole and discusses its ramifications for the courts. Providing a unique combination of broad scope, extensive coverage of the empirical research conducted over the last half century, and theory advancement, this accessible and engaging volume offers "one-stop shopping" for scholars, students, legal professionals, and those who simply wish to better understand how well the jury system works.
Author: Bruce B. Whitman
Release Date: 2014-03-01
The most important people in any courtroom are the jurors. Unfortunately, jurors are often hiding from the lawyers, knowingly or unconsciously repressing their innermost feelings. This repression, unexposed, can doom even the best cases and lawyers to defeat. With more than 30 years of experience in front of juries, Whitman explains how to use proven psychological and psychiatric principles and methods in the courtroom to lead the jury to a verdict and damage award for the plaintiff. He explains how such principles as transference, positive regard, unity, group dynamics, and humanism can overcome natural juror resistance to awarding large ? or even small ? damages and verdicts. He explains how to incorporate the strategies of respected trial scientists, such as David Ball ("Damages") and Rick Friedman ("Rules of the Road"), into his own psychology-based methods to maximize the chance of success in the courtroom. Whitman's thesis is that instead of focusing on their own performance and inner struggles, the most successful trial lawyers concentrate on what the jurors need from the lawyer and how the jury perceives the trial.
Annotation This study examines the reasoning process behind the jurors' complex task of deciding damage awards, and how the structure and procedures of civil jury trials sometimes impede such decisions. Green (psychology, U. of Colorado, Colorado Springs) and Bornstein (psychology and law, U. of Nebraska) consider such influential factors as identity of the plaintiff, defendant, and jurors themselves; conduct of the litigants; and severity and nature of the injury. The study concludes with recommendations for policy reform. Written for psychologists, law practitioners, social scientists, and policy makers. Annotation (c)2003 Book News, Inc., Portland, OR (booknews.com).
Author: Reid Hastie
Publisher: The Lawbook Exchange, Ltd.
Release Date: 1983
Hastie, Reid and Steven D. Penrod, Nancy Pennington. Inside the Jury. Cambridge: Harvard University Press, 1983. viii, 277 pp. Reprinted 2002 by The Lawbook Exchange, Ltd. LCCN 2002025963. ISBN 1-58477-269-7. Cloth. $95. * "A landmark jury study." Contemporary Sociology. An important statistical study of the dynamics of jury selection and deliberation that offers a realistic jury simulation model, a statistical analysis of the personal characteristics of jurors, and a general assessment of jury performance based on research findings conducted by reputed scholars in the behavioral sciences. "The book will stand as the third great product of social research into jury operations, ranking with Kalven and Zeisel's The American Jury and Van Dyke's Jury Selection Procedures." American Bar Association Journal.
Author: Brian H. Bornstein
Publisher: Oxford University Press
Release Date: 2017-01-23
Although the jury is often referred to as one of the bulwarks of the American justice system, it regularly comes under attack. Recent changes to trial procedures, such as reducing jury size, allowing non-unanimous verdicts, and rewriting jury instructions in plain English, were designed to promote greater efficiency and adherence to the law. Other changes, such as capping damages and replacing jurors with judges as arbiters in complex trials, seem designed to restrict the role of laypeople in trial outcomes. Whether these innovations are implemented to facilitate the administration of justice or due to the belief that juries have excessive power and make irrational decisions, they raise a host of questions about their effects on juries' judgments and about justice. Policymakers sometimes make incorrect assumptions about jury behavior, with the result that some reform efforts have had surprising and unintended consequences. The Jury Under Fire reviews a number of controversial beliefs about juries as well as the implications of these views for jury reform. It reviews up-to-date research on both criminal and civil juries that uses a variety of research methodologies: simulations, archival analyses, field studies, and juror interviews. Each chapter focuses on a mistaken assumption or myth about jurors or juries, critiques these myths, and then uses social science research findings to suggest appropriate reforms. Chapters discuss the experience of serving as a juror; jury selection and jury size; and the impact of evidence from eyewitnesses, experts, confessions, and juvenile offenders. The book also covers the process of deciding damages and punishment and the role of emotions in jurors' decision making, and it compares jurors' and judges' decisions. Finally, it reviews a broad range of efforts to reform the jury, including the most promising reforms that have a solid backing in research. Featuring highly visible trials to illustrate key points, The Jury Under Fire will interest researchers in psychology and the law, practicing attorneys, and policymakers, as well as students and trainees in these areas.
Annotation Legal Blame sheds new light on how jurors try to do justice in the wake of accidents and reveals much about the overall psychology of jury decision making. Neal Feigenson, a professor of law, offers an illuminating framework for how jurors use their common sense, together with the law and the facts, to produce what the author refers to as "total justice." This book will appeal to lawyers, expert witnesses, practicing students, and academics, as well as anyone who is interested in learning about the psychology of legal persuasion.
Author: Michael J. Saks
Publisher: NYU Press
Release Date: 2016-01-22
Evidence law is meant to facilitate trials that are fair, accurate, and efficient, and that encourage and protect important societal values and relationships. In pursuit of these often-conflicting goals, common law judges and modern drafting committees have had to perform as amateur applied psychologists. Their task has required them to employ what they think they know about the ability and motivations of witnesses to perceive, store, and retrieve information; about the effects of the litigation process on testimony and other evidence; and about our capacity to comprehend and evaluate evidence. These are the same phenomena that cognitive and social psychologists systematically study. The rules of evidence have evolved to restrain lawyers from using the most robust weapons of influence, and to direct judges to exclude certain categories of information, limit it, or instruct juries on how to think about it. Evidence law regulates the form of questions lawyers may ask, filters expert testimony, requires witnesses to take oaths, and aims to give lawyers and factfinders the tools they need to assess witnesses’ reliability. But without a thorough grounding in psychology, is the “common sense” of the rulemakers as they create these rules always, or even usually, correct? And when it is not, how can the rules be fixed? Addressed to those in both law and psychology, The Psychological Foundations of Evidence Law draws on the best current psychological research-based knowledge to identify and evaluate the choices implicit in the rules of evidence, and to suggest alternatives that psychology reveals as better for accomplishing the law’s goals.
Author: Jennifer K. Robbennolt
Publisher: NYU Press
Release Date: 2016-01-01
Tort law regulates most human activities: from driving a car to using consumer products to providing or receiving medical care. Injuries caused by dog bites, slips and falls, fender benders, bridge collapses, adverse reactions to a medication, bar fights, oil spills, and more all implicate the law of torts. The rules and procedures by which tort cases are resolved engage deeply-held intuitions about justice, causation, intentionality, and the obligations that we owe to one another. Tort rules and procedures also generate significant controversy—most visibly in political debates over tort reform. The Psychology of Tort Law explores tort law through the lens of psychological science. Drawing on a wealth of psychological research and their own experiences teaching and researching tort law, Jennifer K. Robbennolt and Valerie P. Hans examine the psychological assumptions that underlie doctrinal rules. They explore how tort law influences the behavior and decision-making of potential plaintiffs and defendants, examining how doctors and patients, drivers, manufacturers and purchasers of products, property owners, and others make decisions against the backdrop of tort law. They show how the judges and jurors who decide tort claims are influenced by psychological phenomena in deciding cases. And they reveal how plaintiffs, defendants, and their attorneys resolve tort disputes in the shadow of tort law. Robbennolt and Hans here shed fascinating light on the tort system, and on the psychological dynamics which undergird its functioning.
Author: Jeffrey T. Frederick
Publisher: Amer Bar Assn
Release Date: 2011
This much anticipated and expanded Third Edition by one of the nation's most experienced trial consultants goes beyond other books on jury selection and focuses on the skills needed to conduct effective voir dire and jury selection, ultimately improving your chances of a favorable verdict at trial. This valuable guide will help you understand effective voir dire and jury selection strategies and adapt them to the unique circumstances you face in your trial jurisdiction.
This book provides a broad understanding of and critical thinking about the contemporary jury system. It fills a void of easily accessible knowledge about how jury trials work and how jury research assists us to formulate new ways to improve the system. Current issues challenging the jury system, such as the impact that technology is having on jury trials, are discussed. Juries in the 21st Century is designed to inform jury practitioners (judges, barristers, instructing solicitors, and forensic experts) about what constitutes best practice for them. It details how other jurisdictions are dealing with issues within their jury systems and allows jury practitioners to understand which practices are based upon fact and which are based on habit, anecdote and other misconceptions. It encourages jury practitioners and law reformers to consider new approaches in order to improve jury communication. Teachers and researchers in law, psychology, criminology and sociology should find this cross-disciplinary book useful as it synthesises the current state of jury research. To curious members of the public who have or would like to serve on a jury, this book will provide you with insight into jury trials and jury room dynamics.
Author: Richard Waites
Publisher: Auburn House/Greenwood
Release Date: 2003
An invaluable resource for experienced trial attorneys, inexperienced trial attorneys looking to advance to the next level of trial practice, and corporate counsel who handle litigation, thisbook looks at the role courtroom psychology plays in modern trial practice. It covers the essentials of trial practice, including jury selection, opening and closing statements, and questioning witnesses, as well as the key aspects of arbitration hearings and mediations. But what makes this book different from basic trial advocacy primers is its attention to the results of decades of scientific research relating to courtroom psychology(or persuasion psychology). This area concerns how and why jurors, judges,and arbitrators make decisions and how they are influenced. This book examines the role persuasion psychology plays in modern trial practice andhow lawyers can use it to their advantage.
Author: Jessica D. Findley
Publisher: Amer Psychological Assn
Release Date: 2012
Successful advocacy approaches are essential for the practice of law. Lawyers, law professors, judges, and other legal commentators have offered numerous recommendations for how trial lawyers can persuade juries, including techniques in verbal and nonverbal communication, attorney demeanor, and so forth. These recommendations have been put into trial practice handbooks and are frequently taught in law schools as part of the trial advocacy curriculum. However, they often rely on popular assumptions or intuition rather than social and behavioral science. Research is needed to differentiate intuition and speculation from scientific proof of efficacy. This book fills this critical gap by reviewing the scientific support for popular advocacy recommendations. It first summarizes trial commentators' recommendations, then reviews the scientific support for these recommendations, and finally evaluates the recommendations in light of the scientific support. Research is culled from not only trial and simulated trial settings, but also other social and behavioral settings. Topics include attorney demeanor, verbal and nonverbal communications, the attorney-client relationship, and storytelling (narrative techniques). This book will appeal to researchers in psychology, communications, linguistics, and other social sciences, as well as trial commentators and practicing attorneys.