Archive | Jury Deliberations

Bargaining and negotiation

A Point of View

Melissa Pigott, Ph.D.

On March 6, 2018

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

Bargaining is a social psychological phenomenon that I observe in every mock jury research project I conduct. Rarely do the mock jurors reach unanimity without considerable back and forth discussions. According to social psychological theory, bargaining involves situations with the following characteristics: (1) the parties involved have divergent interests; (2) some form of communication by […]

Another View

David H. Fauss, M.S.M.

On March 6, 2018

Bargaining and negotiation involve give and take. And, some people will do all the taking, and little of the giving. We all observe this in many human interactions. In a jury scenario, this reality takes on a specific life of its own. We see it all the time in mock juries as the mock jurors […]

Commitment

A Point of View

Melissa Pigott, Ph.D.

On February 27, 2018

Social psychologists often refer to the “3 Cs of Attitude Change”: conformity, consistency, and commitment. Previous posts have discussed the first two factors, conformity and consistency, and the current post will address the third factor, commitment. Commitment is the process by which people take a stand for or against a certain issue. Commitment to an […]

Another View

David H. Fauss, M.S.M.

On February 27, 2018

Knowledge of the power of commitment is a powerful tool for attorneys. On the one hand, when someone makes a clear commitment to something which obviously is opposed to a lawyer’s position, such as Melissa’s environmental example, the choice is easy. Sometimes, however, a commitment to some belief or cause is more subtly “announced.” Being […]

Conformity

A Point of View

Melissa Pigott, Ph.D.

On February 13, 2018

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

Almost everyone knows the meaning of conformity. From an early age, we are taught to conform with others’ ways of doing things, to go along with group norms, and to desire to be like everyone else. Few of us actually think about the strong social pressures designed to ensure our conformity; we tend to “go […]

Another View

David H. Fauss, M.S.M.

On February 13, 2018

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

Melissa states that understanding conformity is part of understanding that a group is stronger than its individual parts. That is, in our litigation consulting world, a jury is stronger than a single juror, even if a single juror can “hang” a jury. My comments conform to her statement, but I want to expand it beyond […]

Reminder: Juries are Groups, Jurors are Individuals

A Point of View

David H. Fauss, M.S.M.

On February 8, 2018

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

So, the reader is probably thinking “duh, right, tell me something I didn’t know.” And, I agree, this should be obvious. Except when it isn’t. The beginning of a trial includes voir dire – asking questions of individuals – to determine which ones the attorney wants to include, or more accurately, exclude from a jury. […]

Another View

Melissa Pigott, Ph.D.

On February 8, 2018

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

David may believe it is obvious to most people that there are fundamental differences between juries and jurors, however, I must disagree with this conclusion. I find that most people, as well as most attorneys, rarely consider the group dynamics that are an integral aspect of jury behavior. In fact, I will go as far […]

Defensive attribution

A Point of View

Melissa Pigott, Ph.D.

On February 6, 2018

Defensive attribution has been widely researched by social psychologists since the 1960s. Defensive attribution is the bias, present in most people, that leads to blaming a victim of misfortune for his/her role in the misfortune. Among the first research studies on the topic of defensive attribution was a study that found accident victims were perceived […]

Another View

David H. Fauss, M.S.M.

On February 6, 2018

Though I have taken graduate psychology courses, I have certainly benefited from the litigation specific tutoring and examples Melissa has provided me, and our clients, over many years. I recall one of the first times defensive attribution raised its ugly head and had to be explained to a client on the fly. Our client, a […]

A Numbers Game

A Point of View

David H. Fauss, M.S.M.

On February 1, 2018

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

It happened last week, as it has many times before. “It,” in this case, is the random outcome of a mock jury project that surprises the clients most of all. The scenario was as follows: we were engaged to conduct mock jury research using 4 panels of mock jurors to deliberate to a verdict. The […]

Another View

Melissa Pigott, Ph.D.

On February 1, 2018

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

I have had the opportunity to observe thousands of mock jurors deliberate and, although I do not know in advance what their decisions will be, I know enough to realize people are not always who they appear to be. I have spent countless time watching and listening to people make decisions, including mock jury deliberations […]

Impression management

A Point of View

Melissa Pigott, Ph.D.

On January 30, 2018

In this series of posts, I will discuss social psychological concepts that operate in everyday life, as well as within the context of my work as a litigation/trial consultant. Some of the concepts I will cover have become well known among laypersons, that is, people who do not have an advanced degree in psychology, while […]

Another View

David H. Fauss, M.S.M.

On January 30, 2018

This series of posts capture many of the scientific concepts at play in persuasion and human decision making. As our world largely revolves around civil litigation, issues like impression management are factors in all of our work with the fact finders – juries, mediators, arbitrators, or judges as well as with the persuaders – the […]

Fake Surveys

A Point of View

David H. Fauss, M.S.M.

On December 14, 2017

Category: Careers, Growing Old is Not for Sissies, Jury Behavior, Jury Consultants, Jury Deliberations, Litigation Consultants, Litigation Research, Litigation Tips, Magnus, Magnus Insights, Magnus Research, Psychology, Trial Consultants, Trial Consulting

There is a trend in recent years for every purchase, service encounter, or dining experience to end with a customer satisfaction survey. As useful as feedback can be, it is, obvious to me that many of these “surveys” are better called “fake surveys.” That is, they lack objectivity and they lack validity. As an example, […]

Another View

Melissa Pigott, Ph.D.

On December 14, 2017

Fake surveys, like fake news, are a disservice to those who rely on them to make decisions. When I am asked to complete a survey, I complete it honestly, whether or not my answers are positive, neutral, or negative. I don’t understand the purpose of providing feedback unless it is honest, with the goal being […]

Gouge

A Point of View

David H. Fauss, M.S.M.

On November 9, 2017

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

I recently learned a new term, a term that appeared in a Facebook query by a friend (Robert, you know who you are.) The term is “gouge” – not as in price gouging or destroying someone’s eyes, but it is apparently a term originating in the U.S. Navy which originally meant “the answers to the […]

Another View

Melissa Pigott, Ph.D.

On November 9, 2017

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

I have an excellent vocabulary, however, until I read the title of David’s post, I had never heard of the word, “gouge” defined as “inside information.” I daresay that, once I finish writing this post, I will never again use “gouge” to mean anything other than its common dictionary definitions of “chisel” or “an excessive […]

It doesn’t cost, it pays.

A Point of View

David H. Fauss, M.S.M.

On August 3, 2017

Category: Business Frustrations, Getting the Job Done, Jury Behavior, Jury Deliberations, Magnus, Magnus Insights, Magnus Research, Marketing your Business, Small Business Success, Trial Consulting, Trial Science, Work-Life, Workplace Technology

I was speaking with someone recently who was lamenting about how cost is a factor in decisions, sometimes, with a penny wise and dollar (pound) foolish approach. This person quickly related a story about when he was buying a piece of equipment for his office and asked what it cost. The astute salesperson said, “it […]

Another View

Melissa Pigott, Ph.D.

On August 3, 2017

There is a common maxim, “If you have to ask the cost, then you probably can’t afford it.” Some of Magnus’ clients are more cost conscious than others and, in fact, some of them are more concerned about cost than quality. When I am asked, usually by someone in the audience at one of my […]

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Archive | Jury Deliberations

A Point of View

Melissa Pigott, Ph.D.

Another View

David H. Fauss, M.S.M.

A Point of View

Melissa Pigott, Ph.D.

Another View

David H. Fauss, M.S.M.

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

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.

A Point of View

David H. Fauss, M.S.M.

Another View

Melissa Pigott, Ph.D.

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