Jury Selection Posts

  • Foreign Policy and Jury Selection Strategy: Assessments of Juror Opinion Leadership

    There is an ongoing debate about the priorities in current foreign policy between “Hard Power” leadership and “Soft Power” leadership. In simple terms, hard power leadership refers to things like military power and forward military projection to deter aggression, enhance …

  • “So, who wants to be the foreperson?”: Opinion leaders in jury deliberations

    If the cast of Saved by the Bell had jury duty, Zach Morris (The Adult Years) would be a likely candidate for jury foreperson. Personable, popular, and persuasive, the other jurors would look to him for his opinions and interpretation …

  • Appealing to Millennial Jurors

    With each passing year, more and more millennials begin to both be eligible for jury service and choose to show up for their day or days in court. As this cohort starts to make their presence felt in jury trials, …

  • Ahead of the Curve: Three Positive Choices Attorneys Can Make to Improve Outcomes

    I was listening to an episode of This American Life entitled “Choosing Wrong.” The theme of the show explored the repeated poor choices many of us make when a better choice is available. The podcast featured Alain de Botton describing …

  • Published in The Jury Expert: Identifying Googling Jurors

    The Googling Juror is becoming increasingly important to identify. In the December 2015 issue of The Jury Expert, researchers Alexis Knutson of Tsongas Litigation Consulting with Edie Greene and Robert Durham of University of Colorado Colorado Springs published an article …

  • How Jury Selection Consultants Help Attorneys Win Cause Challenges

    This weekend I witnessed the most brilliant compliance gaining strategy implemented by a fifth grade girl wanting her cohorts to engage in a game of Cranium. The other three in the group (one being the pesky little brother) had different …

  • "We've Been Everywhere, Man," and We Always Pack a Sound Approach to Jury Selection

    We feel like Johnny Cash: “Across the deserts bare, man, / I’ve breathed the mountain air, man; / Of travel I’ve had my share, man, / I’ve been everywhere…” More appropriately for us, the song should sing, “We’ve been everywhere,” …

  • The Boston Bombing Jurors: Can Tsarnaev Get a “Fair” Jury?

    The attorneys in the Boston Bombing trial have the daunting task of picking a fair and impartial jury in one of the most highly publicized crimes in our country’s recent history.  Is it possible to find a juror who has …

  • Wait for Your Blockers in Voir Dire

    As college football enters the grueling month of November and the professionals advance in their campaign for division championships, I have been watching as many games as I can between stints of in-court jury selection. Recently, I noticed a parallel: …

  • Jury Selection in Ten Questions or Less

    How much can you learn about a person in 10 questions? Can you learn enough to know whether he or she can be a fair and impartial juror? If you could, what questions would you need to ask? An article …

  • “Everyday is a Great Day!” Self-Fulfilling Prophecy and Social Labeling

    “We are what we pretend to be.” Kurt Vonnegut “Everyday is a great day!” That’s what he said, and appeared to believe with every fiber of his body. He was a 20-something, male clerk in an airport hotel’s gift shop. …

  • Loud and Proud -- But Not Necessarily Right

    I recently came across a couple of quotations that illustrate a problem we often see when watching jurors deliberate in mock trials (and presumably, in real trials): “The best lack all conviction, while the worst are full of passionate intensity.” …

  • The Science of Jury Selection and the Art of Conversation

    Recently I was asked to participate in a jury selection seminar to provide insight on the most contemporary views on jury selection, scientific jury selection, and the role of supplemental juror questionnaires. As I was preparing my presentation, a 24/7 …

  • Danger! Peremptory Challenges Under Attack from Washington State Supreme Court Justice

    Recently the highest court in Washington seems to have set their sights on the issue of peremptory strikes in the jury selection process.  The article, “Wash. justices decry race bias in jury selection,” discusses an argument made recently by state …

  • The Power of Attitudes – Part 2: Racism

    Racism is dwindling in the US. Things haven’t changed that much. These are two themes that frame what can be heard from family, friends, and the media depending on what your life experiences have been like, or what sort of …

  • Resistance to Persuasion: Some Key Factors to Consider

    I just completed my second shadow jury project of the year, and the opportunity to pick the brains of typical jurors for 10-12 days has reinforced for me some of the basic tenets of persuasion and decision-making that we see …

  • The Power of Attitudes

    The other day a client and I were discussing the power of attitudes and their impact in jury selection. We were on the point of discussing how attitudes tend to change slowly over time and how those attitudes can often …

  • Do I Want Men or Women on my Jury?

    Both. While this answer might seem obvious, new research explains why having both men and women in groups increases the collective intelligence of that group.  Anita Wolley and Thomas Malone studied group intelligence and found, “Little correlation between a group’s …

  • Dealing with Damages

    King County Bar Association Bulletin, October 2003 Chris Dominic and R. Craig Smith provide an overview of many of the factors involved in damages and juror decision making. The article briefly discusses the variables of: case characteristics, venue, motivation, individual …

  • What Washington Jurors Really Think

    Washington State Bar News, December 2003 Chris Dominic provides a broad overview of the findings of the Washington State elements of the Tsongas 2003 Northwest Juror Attitude Study. The study is the first, large sample size study of juror attitudes …

  • Us and Them: A comparison of juror attitudes in Oregon and the Northwest

    Oregon State Bar Bulletin, December 2003 Chris Dominic compares Oregon juror attitudes with: Northwesterners; Washingtonians; as well as a comparison of urban to rural Oregon juror attitudes. The findings of the articles are reported from the Tsongas Litigation Consulting 2003 …

  • The Secret to Winning Over Jurors Away From Home: Just Be Yourself

    Oregon Association of Defense Counsel, Spring 2006 Jill Schmid, Ph.D. and Chris Dominic discuss the temptation to over focus on source similarity issues when addressing juries outside of one’s home venue. Five specific suggestions are made as an alternative. Read …

  • What No One Teaches Lawyers About Communication

    DeNovo, December 2008 Tom O’Toole, Ph.D. and Jill Schmid, Ph.D. explore some of the fundamentals of communication and advocacy that are essential to litigation but not significantly covered in most law schools. Read the Full Article Here: http://tsongasit.wpengine.com/wp-content/uploads/2011/07/denovo1208.pdf

  • Anatomy of a Medical Malpractice Verdict

    Montana Law Review, Winter 2009, v. 70, no. 1 Tom O’Toole, Bruce Boyd, and Ted Prosise explore, “Three key theories of juror decision-making and courtroom communication” in their article, “Anatomy of a Medical Malpractice Verdict.” The three theories explored include: …

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