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ADVANCED JURY RESEARCH
Jan Mills Spaeth, Ph.D. Rosalind R. Greene, J.D.
(520) 297-4131 (866) 505-4131 www.adjuryresearch.com | |
| Advanced Jury Research Newsletter |
Volume 1
August, 2009 |
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Greetings!
We have launched our first quarterly newsletter! These newsletters will address AJR updates, legal issues in the news, cutting-edge research, tough witnesses, and a myriad of relevant topics for our clients and friends.
Please let us know if you have questions or issues you would like us to address. Also, let us know when we can be of assistance to you and your clients. We are here for you!
Best Regards, Jan, Rosalind & AJR Staff |
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AJR Updates
** As a reminder, Arizona Jury Research is now Advanced Jury Research. Our email and website addresses have changed (see bottom of newsletter).
** Rosalind R. Greene, J.D. has joined AJR as of January. She worked with Snell & Wilmer for 8 years in product liability, and has served as a judge pro tempore. A graduate of the U of AZ law school, she has a B.A. Degree in Communication. She is an adjunct professor at the U of AZ, and teaches Law & Communication.
** The American Bar Association has contracted with Jan for a second set of DVDs. This set will be a 4 hour CLE on witness preparation from the perspective of experienced, well-known trial consultants. It will be available through the ABA this spring. The first set of DVDs is for witnesses to watch before testifying at depositions or trials.
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In The News
Twitter Trends
"Guilty until you prove to me otherwise." "I say hang'em for parking violations and increase punishment from there." "Someone has to do something about these personal injury lawyers." "Hung over for jury duty." These are just a small sampling of "tweets" found in a 15 minute search at www.twitter.com.
Wouldn't you want to know if these statements came from your jury pool? The information is just a click away. Not all, but many "tweets" are linked to a name and location, and even include a photo of the "tweeter."
Twitter is a rapidly growing, internet based communication source. Subscribers send short text messages, "tweets," to anyone choosing to receive them. These messages transmit through computers or cell phones and are typically used to announceone's activity, such as "went to the movies," or "have jury duty". This newest form of social networking has found its way into the courtrooms, and raises a series of questions.
Attorneys will need to consider the implications of Twitter and Blogs during jury selection. It will be critical to query jurors on whether they have mentioned jury duty in twitter messages or blogs. If so, get them to the bench to determine the exact wording of their comments. Ask jurors if they have been reading internet info on the jury duty experiences of others, and if so, determine what this entailed.
Judges will need to specifically instruct the panel not to discuss the case through emails, twitter messages, blogs, chat rooms, or other internet options. New technology and communications call for new courtroom practices.
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Economical Focus Groups
In a tight
econcomy
Structured Focus Groups
are great when time and budgets allow for these. As versions of mock trials, these entail 2 or more groups, thorough attorney presentations, juror deliberations and detailed reports.
However, when your clients' budgets are tight, AJR has other options. These include concept focus groups, which are are less expensive, easier to set up and conduct, and less time-consuming. These usually entail 1 group of "jurors," and "round table" brainstorming on case issues. (Deliberations can be included.)
Another economical option is to run 2 cases by a panel in 1 day (morning & afternoon). Collaborate with a colleague on this!
To further reduce costs, we can use counsel's facility and provide our own videotaping. If moderate rather than extensive reports are fine, this reduces costs as well.
All of these options are still great for testing themes, story lines, witnesses, arguments, and exhibits.
Also, use focus groups for settlements. Develop strategy and knowledge to strengthen your position and confidence. Ask us about details and cost-effective options for these. | |
ASTC
Convention
In Atlanta
In June,at the Grand Hyatt Hotel, the American Society Of Trial Consultants held its 28th annual convention. ASTC was founded in 1982 in Tucson by Ronald Matlon, Ph.D.,a Communication Professor at the U of AZ. ASTC now has over 500 members nationally.
Hot topics over this 4 day conference included extended sessions on storytelling techniques for openings and closings, micro expressions as indications of dishonesty in jurors and witnesses, cutting-edge research on decision-making, and constructing winning arguments from focus groups.
Of particular interest was a session on Cultural Effects on Jurors. Presenters included Dr. Alison Renteln (author of The Cultural Defense), Valerie Hans (co-author of American Juries), Judge Judith Chirlin and Robert Grey, J.D. Robert, a former ABA President, founded the ABA Commission on the American Jury. Judge Chirlin is prominent in court reform and has worked in roughly 17 countries, including Ecuador, Iraq, Bulgaria, Jordan and Morocco.
We were fortunate enough to be treated to a great dinner by Robert Grey. We were also joined by Judge Chirlin and Cynthia Cohen (ASTC's current president) for an active discussion on culture's effect on jurors and witnesses (future material for a newsletter!).
Also at the ASTC convention, Jan interviewed colleagues for the second set of DVDs on witness prep, sponsored by the American Bar Association (see AJR updates).
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Challenging
Witness!
Question: How do you prep a witness who laughs at the end of every sentence? We have called this to her attention, but she continues to do this.
This question was sent to us by a colleague in Chicago. This is a summary of our response to her.
First, what would cause the witness to do this? Typical reasons are insecurity, anxiety and/or cynicism. She may be concerned about rejection or criticism, so is softening her comments or leaving room to "back pedal". If she has a cynical attitude, she may use laughter as a protective defense.
Find out why she laughs. Does she think others will like her better if they find her funny or easy-going? Does she feel angry or cynical?
What triggers the laugh? Does she laugh if sad or angry? Are there times when she does not laugh, like at funerals or in church? Can she think of situations that cause her to react soberly and seriously? If so, can she carry this mind set over to testifying? If she has developed techniques or scenarios to prevent herself from laughing, have her practice these now.
In addition, my guess is that she is not really committed to testifying, and does not fully understand her role in this case. To strengthen her commitment and understanding, have her explain her role and contribution. Have her define her purpose. Reinforce the importance of her testimony. Discuss strategy with her to the extent that you can. Get her "on board" as a team player. Let her develop a sense of "investment" in this matter. A "mission" can often override fear, anxiety and ingrained behaviors.
And certainly videotape her so she can see for herself the negative effects of laughing!
If you have questions you would like us to address, send them to us!
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ARTICLE REPRINT
A section of an article written by Jan, published in January, 2001 in the Arizona Attorney, is being republished in a new text, Courts and the Criminal Justice System In America. Written by Larry Siegel, Frank Schmalleger and John Worrall, the book will be released in January by Pearson/Prentice Hall. Jan's article is titled "Swearing with Crossed Fingers: Juror Honesty During Voir Dire." It was also used by the Capital Cases Judicial Resource Committee, State of New York, for distribution to 120 New York State judges engaged in handling capital cases.
We have used this article over the years to support motions for jury questionnaires. For a copy, visit our website, click on Publications, then on Jury Questionnaires.
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You Have Retained Your Experts.
Have You Retained Your Trial Consultants?
Have an enjoyable summer!
Jan & Roz
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P.O. Box 91410, Tucson, AZ 85752-1410 (520)297-4131 (886)505-4131
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