Archive | Jury Behavior

Lawyers play chess; jurors play video games

A Point of View

David H. Fauss, M.S.M.

On June 21, 2018

Category: Getting the Job Done, Jury Behavior, Jury Consultants, Jury Deliberations, Litigation Consultants, Litigation Research, Litigation Tips, Magnus, Magnus Insights, Magnus Research, Psychology, Trial Consulting

I “appropriated” the title of this post from a litigation graphics consultant I heard speak recently at a Florida Bar function. I thought she was on to something with this simple, contrasting, perspective. Litigation is a “game” of strategy, and like good chess players, litigators are good at these strategies. They can move all of […]

Another View

Melissa Pigott, Ph.D.

On June 21, 2018

There are many variations on the theme about which David has written. Lawyers play chess, while jurors play video games. Lawyers play golf, while jurors watch NASCAR. Lawyers drink fine wine, while jurors drink Budweiser. Lawyers drive Mercedes-Benz automobiles, while jurors drive Ford pick up trucks. Etc. Etc. Etc. The point of these endless, and […]

O.J. Simpson’s Contribution to Trial Consulting

A Point of View

David H. Fauss, M.S.M.

On June 7, 2018

Category: Jury Behavior, Jury Consultants, Jury Deliberations, Jury Research, Litigation Consultants, Litigation Research, Magnus, Magnus Insights, Magnus Research, Trial Consulting

The topic of O.J. Simpson came up recently in a discussion I recently had about the world of trial consulting. The murder of O.J.’s former wife, and the subsequent trial, was one of the first televised celebrity mega trials. For better, or worse, almost everyone was aware of the accusations against O.J. in that case. […]

Another View

Melissa Pigott, Ph.D.

On June 7, 2018

Category: Jury Behavior, Jury Consultants, Jury Deliberations, Jury Research, Litigation Consultants, Litigation Research, Magnus, Magnus Insights, Magnus Research, Trial Consulting

O. J. Simpson has been vilified since the time he was accused of murder. David’s and my post is not intended as praise for O. J.; rather, it is written as an example of how one event, even a tragic one, can change other things which, at first glance, appear unrelated. I have no positive […]

CYA: Another Reason for a Mock Trial

A Point of View

David H. Fauss, M.S.M.

On May 31, 2018

Category: Getting the Job Done, Jury Behavior, Jury Deliberations, Jury Research, Litigation Research, Litigation Tips, Magnus, Magnus Insights, Magnus Research, Psychology, Trial Consulting

CYA, 3 little letters about something important – self protection. Cover your ass – there, I’ve said it. I don’t know when I first realized that attorneys sometimes use a mock trial to protect themselves from their client. There are many reasons for a mock trial but it was perhaps the attorney who once told […]

Another View

Melissa Pigott, Ph.D.

On May 31, 2018

Category: Getting the Job Done, Jury Behavior, Jury Deliberations, Jury Research, Litigation Research, Litigation Tips, Magnus, Magnus Insights, Magnus Research, Psychology, Trial Consulting

I am a detail oriented, meticulous person who does not like to leave anything to chance. I strongly prefer to have more, not less, data with which to make a decision. I always practice my bass lines as much as time will allow before performing a gig (and I bring an extra battery in case […]

Help the Jury Succeed

A Point of View

David H. Fauss, M.S.M.

On May 3, 2018

Category: Getting the Job Done, Jury Behavior, Jury Deliberations, Jury Research, Litigation Consultants, Litigation Research, Litigation Tips, Magnus, Magnus Insights, Magnus Research, Psychology, Trial Consultants, Trial Consulting

I subscribe to an email publication called the Jur-E Bulletin; it is published by the National Center for State Courts. It is a very informative publication and I recommend subscribing to it as you never know what tidbits will be there to be learned. Like a few other posts in our blog, this one was […]

Another View

Melissa Pigott, Ph.D.

On May 3, 2018

I have been working in the realm of psychology and law for decades and it has always seemed odd to me that many attorneys view jurors as their adversaries. I have heard countless remarks made by attorneys that denigrate the intelligence, motivation, and decisions made by juries. In addition, I have selected juries on hundreds […]

Made for TV Mock Trials

A Point of View

David H. Fauss, M.S.M.

On April 26, 2018

Category: Getting the Job Done, Jury Behavior, Jury Consultants, Jury Deliberations, Jury Research, Litigation Research, Litigation Tips, Magnus, Magnus Insights, Magnus Research, Psychology, Trial Consultants

A friend/client sent me an article recently about a mock trial conducted in a high profile murder case in Texas which was featured on the television show 48 Hours. The article, by one of Magnus’ competitors, thoroughly discussed many of the reasons why the mock trial and real trial results were different. As it turned […]

Another View

Melissa Pigott, Ph.D.

On April 26, 2018

There are so many things wrong with the way in which these Texas attorneys performed their mock trial that it would take more than this post to comment on them. It is a travesty of justice for clients of attorneys who think they know more than anyone else about almost everything, including jury behavior. I […]

Followers

A Point of View

Melissa Pigott, Ph.D.

On April 3, 2018

Category: Jury Behavior, Jury Deliberations, Litigation Tips, Magnus, Magnus Insights, Magnus Research, Psychology, Trial Consultants, Trial Consulting

I have heard some parents extol their children’s leadership abilities while, simultaneously, praising their children for not being a follower, “like everyone else.” This dual conception of leadership, while it may appear on the surface to be accurate, is not supported by decades of social psychological research. Most widely accepted social psychological definitions of leadership […]

Another View

David H. Fauss, M.S.M.

On April 3, 2018

Category: Jury Behavior, Jury Deliberations, Litigation Tips, Magnus, Magnus Insights, Magnus Research, Psychology, Trial Consultants, Trial Consulting

“Lead, follow, or get out of my way.” This quote from General George S. Patton, Jr. is quoted with some variation in many discussions about leaders and followers. It came to my mind reading Melissa’s post. Her post made me realize that considering what leads to following is perhaps more interesting in some ways than […]

The “Trial Show”

A Point of View

David H. Fauss, M.S.M.

On March 29, 2018

Category: Getting the Job Done, Jury Behavior, Jury Deliberations, Jury Research, Litigation Research, Litigation Tips, Magnus, Magnus Insights, Magnus Research, Psychology, Trial Consulting

Two recent cases on which we conducted mock trials prompted this post. In the first, the lawyers presenting the case did so using 8×10 photographs of the incident scene which they held up in front of the group of mock jurors. No enlargement, no projection, just a photo. Post research, I attempted to “encourage” the […]

Another View

Melissa Pigott, Ph.D.

On March 29, 2018

Category: Getting the Job Done, Jury Behavior, Jury Deliberations, Jury Research, Litigation Research, Litigation Tips, Magnus, Magnus Insights, Magnus Research, Psychology, Trial Consulting

Most people learn new information via more than one method, including auditory, visual, and kinetic means. Reliance on only one method of learning may or may not be sufficient, but considerable research has shown learning that involves multiple methods is more likely to result in greater memory for what was learned than learning that takes […]

Leaders

A Point of View

Melissa Pigott, Ph.D.

On March 27, 2018

Category: Jury Behavior, Jury Deliberations, Litigation Consultants, Litigation Tips, Magnus, Magnus Insights, Magnus Research, Psychology, Trial Consultants

Leaders and leadership have been studied by social psychologists for decades. The most widely accepted definition of leader is a person who influences group activities. A leader is someone who uses social power to move others in a desired direction by getting other people to follow his/her suggestions or orders. Most people, at one time […]

Another View

David H. Fauss, M.S.M.

On March 27, 2018

Category: Jury Behavior, Jury Deliberations, Litigation Consultants, Litigation Tips, Magnus, Magnus Insights, Magnus Research, Psychology, Trial Consultants

Organizational leadership is also a well studied field, but given our day to day work, I want to comment on the foreperson as leader fallacy that Melissa mentioned. As Melissa pointed out, forepersons are often nominated based on some form of experience. I was nominated as foreperson when I served on a jury because, after […]

Impression Management, part 2: Snap Judgments

A Point of View

David H. Fauss, M.S.M.

On March 22, 2018

Category: Careers, Getting the Job Done, Jury Behavior, Jury Research, Litigation Consultants, Litigation Tips, Magnus, Magnus Insights, Magnus Research, Psychology, Trial Consultants

A recent article in the Wall Street Journal (January 31, 2018, page A9), “The Mistakes You Make in a Meeting’s First Milliseconds,” by Sue Shellenbarger, prompted me to think about first impressions in the courtroom. And, particularly, the jurors’ first impressions of the attorneys. While the attorneys’ first impressions of jurors and witnesses, both fact […]

Another View

Melissa Pigott, Ph.D.

On March 22, 2018

Category: Careers, Getting the Job Done, Jury Behavior, Jury Research, Litigation Consultants, Litigation Tips, Magnus, Magnus Insights, Magnus Research, Psychology, Trial Consultants

I routinely remark to the attorneys who are my clients that the jurors are the “only perfect people in the world.” That is, when one’s fate, and the fate of one’s client, rests in the decision made by a jury, the jury’s decision is final. Furthermore, the jury’s final decision may or may not be […]

The New World Order

A Point of View

David H. Fauss, M.S.M.

On March 8, 2018

Category: Getting the Job Done, Jury Behavior, Litigation Consultants, Litigation Research, Litigation Tips, Magnus, Magnus Insights, Magnus Research, Psychology, Trial Consultants

Melissa and I have attempted do two things consistently with the posts we write. First, we try to be tactful, and not insult anyone. Second, we strive to be timeless, not dating our posts by the topic. This post breaks the 2nd rule, but hopefully, not the first objective. The topic is what some have […]

Another View

Melissa Pigott, Ph.D.

On March 8, 2018

Category: Getting the Job Done, Jury Behavior, Litigation Consultants, Litigation Research, Litigation Tips, Magnus, Magnus Insights, Magnus Research, Psychology, Trial Consultants

Although many people cannot agree about politics, most people will agree politics have divided us into “us and them” factions more than, perhaps, any time in recent history. All of the people who are “us,” whatever that means on a personal basis, believe all of the people who are “them” are wrong, while all of […]

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Archive | Jury Behavior

A Point of View

David H. Fauss, M.S.M.

Another View

Melissa Pigott, Ph.D.

A Point of View

David H. Fauss, M.S.M.

Another View

Melissa Pigott, Ph.D.

A Point of View

David H. Fauss, M.S.M.

Another View

Melissa Pigott, Ph.D.

A Point of View

David H. Fauss, M.S.M.

Another View

Melissa Pigott, Ph.D.

A Point of View

David H. Fauss, M.S.M.

Another View

Melissa Pigott, Ph.D.

A Point of View

Melissa Pigott, Ph.D.

Another View

David H. Fauss, M.S.M.

A Point of View

David H. Fauss, M.S.M.

Another View

Melissa Pigott, Ph.D.

A Point of View

Melissa Pigott, Ph.D.

Another View

David H. Fauss, M.S.M.

A Point of View

David H. Fauss, M.S.M.

Another View

Melissa Pigott, Ph.D.

A Point of View

David H. Fauss, M.S.M.

Another View

Melissa Pigott, Ph.D.

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