As more jury trials shift to an online format for jury selection, courts are increasingly relying on online questionnaires as a way to prevent large numbers of prospective jurors from gathering together in jury rooms across the country. There are a number of online questionnaire software services — like Snap Surveys, Qualtrics, and Survey Monkey […]
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Attorney Gender Presentation: What’s Good for the (Masculine) Goose Is Not Good for the (Feminine) Gander
The American Bar Association (ABA) has explored several initiatives to reduce bias against women lawyers. Two 2018 articles, one in The Atlantic by Lara Bazelon, and a reply by Chris Arguedas that appeared in The Recorder, offer different views of gender in the courtroom. The pieces touch on presentation styles that female attorneys employ before […]
Read moreNotes on the Waymo v. Uber Jury Selection
Waymo v. Uber settled, but not before jury selection and four days of evidence. We’re lucky in the Bay Area to have a series of high-profile, high-stakes, high-tech cases coursing through our courts: the multiple trials of Apple v. Samsung, Oracle v. Google, and now, Waymo v. Uber.
Read moreImplicit Association Test (IAT): Inside Academic Debates
Implicit Association Test (IAT): Inside Academic Debates We’ve discussed the basic process and remedies for implicit bias in other posts, including how implicit bias manifests in jury trials. In this post, we explore the conflicting opinions of researchers on a subject that is something of a complicated minefield. The debate centers on the psychometric properties […]
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Preparing Witnesses with Limited English Proficiency
Any attorney or consultant who has prepped their fair share of witnesses understands that different witnesses present different challenges. Those challenges can depend on things as simple as their appearance, their willingness to make eye contact, their choice of words, and even their (lack of) sense of humor. There are some nuanced challenges that require […]
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In Their Own Words: 5 Reasons Why Jurors Are Unwilling to Treat a Corporation and an Individual Equally
Our survey asked participants to offer reasons about why they could not follow the court’s instruction to treat a corporation and an individual equally.
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Jury Pool Profile: Jury Selections in Alameda County
We gathered data from a few of our recent Alameda County (CA) jury selections to compile helpful information about the most commonly-used statistics, like age and education. In a separate post, we cover these same jurors’ key opinions of lawsuits and damages awards. Age The majority of our Alameda County jurors fall between the ages […]
Read moreWhat to Watch Out for When Selecting a Jury Online
With the advent of online jury selections, many attorneys are wondering how the online selections are different from in person selections. Here is a look at core differences we’ve identified. Keeping Track of Who Is In the “Box” In the courtroom, you’re used to seeing all of the jurors you’re questioning in the jury box. […]
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Jurors’ Experiences & Attitudes about Lawsuits and Damages in Alameda County
Experiences with Lawsuits Understanding jurors’ experiences with lawsuits and damages awards is an essential element of jury selection in civil cases. Our recent Alameda County jury selections revealed that 16.5% of the pool had made some type of claim for damages, and 8.2% said that they had been a target of a claim for damages. […]
Read moreCognitive Psychology & Implicit Bias
This post is a quick primer on what you should know about implicit bias and the scholarly research around it. 1. Everyone has implicit biases. Research has found implicit bias to translate to discriminatory practices by doctors, judges, jurors, attorneys, teachers, etc. Why does everyone have implicit bias? Cognitive psychology tells us that mental shortcuts, […]
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