Courtroom videos are presented in a variety of ways to jurors, being shown on such devices as small screens in the jury box, big screen television monitors, and large format projection screens. How does the size of video images presented
Online Jury Research Update
Online Jury Research Update, published by ComCon Kathy Kellermann Communication Consulting, focuses on empirical research related to juror behavior and decision-making processes. The blog covers topics such as the impact of video presentation formats on juror perceptions, the influence of attorney characteristics like physical attractiveness on judicial outcomes, and jurors' application of legal principles including the presumption of innocence. It also examines cognitive biases affecting judges and jurors, such as truth bias and the ability to disregard discredited information, as well as public perceptions of settlements in legal disputes. The content is grounded in social science studies relevant to courtroom dynamics and trial strategy.
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Does attorney attractiveness influence judicial decision-making? | Online Jury Research Update
Physical attractiveness is one of the most common cues used when people make decisions about everything from employment (hiring, promotions, compensation) to education (grades, attention from teachers) to medicine (attention from doctors, healthiness, trustworthiness) to elections (electoral success)… Nicholas Waterbury…
How do jurors apply the presumption of innocence? | Online Jury Research Update
Jurors who fail to reserve judgment against a defendant until after they hear the evidence are neither fair nor impartial. A problem for jurors is that the legal presumption of innocence can be at odds with their beliefs, pre-evidence, about…
Can jurors and judges disregard discredited information? | Online Jury Research Update
People, including judges and jurors, have a tendency to believe the information they receive. Taking information as true by default is referred to as the truth bias. Sometimes, the information people receive is discredited. When that happens, people are more…
How are settlements perceived? | Online Jury Research Update
At times, settlement agreements are entered into evidence in jury trials or decision-makers become aware of prior settlement agreements. Are settling defendants perceived as responsible for alleged conduct or is settlement perceived more neutrally as a convenient (less costly, less…
Is conviction less likely when evidence is circumstantial? | Online Jury Research Update
It has been argued that jurors often undervalue circumstantial evidence (fingerprints, DNA, etc.) and overvalue direct evidence (eyewitness identifications, confessions), even when the circumstantial evidence is more reliable than the direct evidence (Heller, 2006). A reluctance to impose liability on…
Are angry jurors more influential in deliberations? | Online Jury Research Update
It is not uncommon for jurors to express anger during deliberations. Does a juror’s anger affect their influence on other jurors during deliberations? Are angry jurors either more or less persuasive than non-angry jurors? Salerno and Peter-Hagene (2015) investigated the…
How accurate are litigators at predicting case outcomes? | Online Jury Research Update
Research has found that an attorney’s estimate of the probability of success is the most crucial variable in shaping decisions whether to litigate or settle a case in controversy (see, for review, Goodman-Delahunty et al., 2010; Jeklic, 2023). Unlike parties…
Does televising oral arguments diminish judicial legitimacy? | Online Jury Research Update
One decision on which many judges have exercised caution is whether to allow cameras in their courtrooms, fearing that cameras will diminish the perceived legitimacy of the courts. While many state supreme courts and three federal circuit courts currently allow…
Are negative themes more persuasive than positive themes in legal advocacy? | Online Jury Research Update
Despite a common refrain in civil and criminal cases that “the facts speak for themselves”, research finds that attorneys are more persuasive if they speak for the facts using a narrative form that forwards one or more case themes. Chestek…